reglab/statecodes huggingface dataset:
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5014.

5014. (a) To the extent otherwise permitted under state and federal law and consistent with the Mental Health Services Act, both of the following apply for purposes of Article 1 (commencing with Section 5150) and Article 4 (commencing with Section 5250) of Chapter 2 and Chapter 3 (commencing with Section 5350):
(1) Counties may pay for the provision of services using funds distributed to the counties from the Mental Health Subaccount, the Mental Health Equity Subaccount, and the Vehicle License Collection Account of the Local Revenue Fund, funds from the Mental Health Account and the Behavioral Health Subaccount within the Support Services Account of the Local Revenue Fund 2011, funds from the Mental Health Services Fund when included in county plans pursuant to Section 5847, and any other funds from which the Controller makes distributions to the counties for those purposes.
(2) A person shall not be denied access to services funded by the Mental Health Services Fund based solely on the person’s voluntary or involuntary legal status.
(b) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(Added by Stats. 2022, Ch. 867, Sec. 1. (AB 2242) Effective January 1, 2023.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5020.1.

5020.1. A mentally ill minor, between the ages of 3 and 18, upon being considered for release from a state hospital shall have an aftercare plan developed. Such plan shall include educational or training needs, provided these are necessary for the patient’s well-being.
(Added by Stats. 1973, Ch. 1161.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5110.

5110. Whenever a proceeding is held in a superior court under Article 5 (commencing with Section 5275) or Article 6 (commencing with Section 5300) of this chapter or Chapter 3 (commencing with Section 5350) of this part involving a person who has been placed in a facility located outside the county of residence of the person, the provisions of this section shall apply. The appropriate financial officer or other designated official of the county in which the proceeding is held shall make out a statement of all of the costs incurred by the county for the investigation, preparation, and conduct of the proceedings, and the costs of appeal, if any. The statement shall be certified by a judge of the superior court of the county. The statement shall then be sent to the county of residence of the person, which shall reimburse the county providing the services. If it is not possible to determine the actual county of residence of the person, the statement shall be sent to the county in which the person was originally detained, which shall reimburse the county providing the services.
(Amended by Stats. 2002, Ch. 221, Sec. 208. Effective January 1, 2003.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5111.

5111. Any county without a public defender is authorized to compensate the attorneys appointed for persons entitled to be represented by counsel in proceedings under this part.
(Added by Stats. 1970, Ch. 1627.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5113.

5113. Except as provided in Sections 5154, 5173, 5259.3, 5267, and 5306, the facility providing treatment pursuant to Article 1 (commencing with Section 5150), Article 1.5 (commencing with Section 5170), Article 4 (commencing with Section 5250), Article 4.5 (commencing with Section 5260) or Article 6 (commencing with Section 5300), the superintendent of the facility, the professional person in charge of the facility and his or her designee, or the peace officer responsible for the detainment of the person shall not be civilly or criminally liable for any action by a person released at or before the end of the period for which he or she was admitted pursuant to the provisions of the appropriate article.
(Amended by Stats. 1985, Ch. 1288, Sec. 1. Effective September 30, 1985.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5114.

5114. At any judicial proceeding under the provisions of this division, allegations that the person is a danger to others, or to himself, or gravely disabled as a result of mental disorder or impairment by chronic alcoholism, shall be presented by the district attorney for the county, unless the board of supervisors, by ordinance or resolution, delegates such duty to the county counsel.
(Added by Stats. 1970, Ch. 1627.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5115.

5115. The Legislature hereby finds and declares:
(a) It is the policy of this state, as declared and established in this section and in the Lanterman Developmental Disabilities Services Act, Division 4.5 (commencing with Section 4500), that persons with mental health disorders or physical disabilities are entitled to live in normal residential surroundings and should not be excluded therefrom because of their disability.
(b) In order to achieve uniform statewide implementation of the policies of this section and those of the Lanterman Developmental Disabilities Services Act, it is necessary to establish the statewide policy that the use of property for the care of six or fewer persons with mental health disorders or other disabilities is a residential use of the property for the purposes of zoning.
(Amended by Stats. 2014, Ch. 144, Sec. 87. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5116.

5116. (a) Pursuant to the policy stated in Section 5115, a state-authorized, certified, or licensed family care home, foster home, or group home serving six or fewer persons with mental health disorders or other disabilities or dependent and neglected children, shall be considered a residential use of property for the purposes of zoning if the homes provide care on a 24-hour-a-day basis.
(b) These homes shall be a permitted use in all residential zones, including, but not limited to, residential zones for single-family dwellings.
(Amended by Stats. 2014, Ch. 144, Sec. 88. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5117.

5117. In order to further facilitate achieving the purposes of this act and the Lanterman Mental Retardation Act of 1969, it is desirable that there be a consolidation of the facilities standard setting, licensure and ratesetting functions of the various state departments under the jurisdiction of the Health and Welfare Agency.
(Amended by Stats. 1979, Ch. 373.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5118.

5118. (a) For the purpose of conducting hearings under this part, the court in and for the county where the petition is filed may be convened at any time and place within or outside the county suitable to the mental and physical health of the patient, and receive evidence both oral and written, and render decisions, except that the time and place for hearing shall not be different from the time and place for the trial of civil actions for such court if any party to the proceeding, prior to the hearing, objects to the different time or place.
(b) Hearings conducted at a state hospital or a mental health facility designated by a county as a treatment facility under this part or any facility referred to in Section 5358 or Division 7 (commencing with Section 7100), within or outside the county, shall be deemed to be hearings held in a place for the trial of civil actions and in a regular courtroom of the court.
(c) (1) Notwithstanding any other law, and except as otherwise provided in this subdivision, a hearing held under this part is presumptively closed to the public if that hearing involves the disclosure of confidential information.
(2) The individual who is the subject of the proceeding may demand that the hearing be public, and be held in a place suitable for attendance by the public.
(3) The individual who is the subject of the proceeding may also request the presence of any family member or friend without waiving the right to keep the hearing closed to the rest of the public.
(4) A request by any other party to the proceeding to make the hearing public may be granted if the judge, hearing officer, or other person conducting the hearing finds that the public interest in an open hearing clearly outweighs the individual’s interest in privacy.
(5) Before commencing a hearing, the judge, hearing officer, or other person conducting the hearing shall inform the individual who is the subject of the proceeding of their rights under this section.
(d) As used in this section, “hearing” means any proceeding conducted under this part, including, but not limited to, conservatorship and other hearings held pursuant to Chapter 3 (commencing with Section 5350), certification review hearings, and jury trials.
(Amended by Stats. 2021, Ch. 389, Sec. 1. (SB 578) Effective January 1, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5119.

5119. On and after July 1, 1972, when a person who is an employee of the State Department of Mental Health at the time of employment by a county in a county mental health program or on and after July 1, 1972, when a person has been an employee of the State Department of Mental Health within the 12-month period prior to his employment by a county in a county mental health program, the board of supervisors may, to the extent feasible, allow such person to retain as a county employee, those employee benefits to which he was entitled or had accumulated as an employee of the State Department of Mental Health or provide such employee with comparable benefits provided for other county employees whose service as county employees is equal to the state service of the former employee of the State Department of Mental Health. Such benefits include, but are not limited to, retirement benefits, seniority rights under civil service, accumulated vacation and sick leave.
The county may on and after July 1, 1972, establish retraining programs for the State Department of Mental Health employees transferring to county mental health programs provided such programs are financed entirely with state and federal funds made available for that purpose.
For the purpose of this section “employee of the Department of Mental Health” means an employee of such department who performs functions which, prior to July 1, 1973, were vested in the Department of Mental Hygiene.
(Amended by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5120.

5120. It is the policy of this state as declared and established in this act and in the Lanterman-Petris-Short Act that the care and treatment of mental patients be provided in the local community. In order to achieve uniform statewide implementation of the policies of this act, it is necessary to establish the statewide policy that, notwithstanding any other provision of law, no city or county shall discriminate in the enactment, enforcement, or administration of any zoning laws, ordinances, or rules and regulations between the use of property for the treatment of general hospital or nursing home patients and the use of property for the psychiatric care and treatment of patients, both inpatient and outpatient.
Health facilities for inpatient and outpatient psychiatric care and treatment shall be permitted in any area zoned for hospitals or nursing homes, or in which hospitals and nursing homes are permitted by conditional use permit.
(Amended by Stats. 1972, Ch. 559.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5121.

5121. (a) The county behavioral health director may develop procedures for the county’s designation and training of professionals who will be designated to perform functions under Section 5150. These procedures may include, but are not limited to, the following:
(1) The license types, practice disciplines, and clinical experience of professionals eligible to be designated by the county.
(2) The initial and ongoing training and testing requirements for professionals eligible to be designated by the county.
(3) The application and approval processes for professionals seeking to be designated by the county, including the timeframe for initial designation and procedures for renewal of the designation.
(4) The county’s process for monitoring and reviewing professionals designated by the county to ensure appropriate compliance with state law, regulations, and county procedures.
(b) A county behavioral health director may develop a training for the procedures for designation developed pursuant to subdivision (a).
(c) If a county behavioral health director denies or revokes an individual’s designation, the county behavioral health director shall, in writing, notify the person who made the request for designation of the individual and the individual who is the subject of the request for designation describing the reasons for denial or revocation.
(d) Designated members of a mobile crisis team and designated professional persons shall not be prohibited from transporting a person taken into custody pursuant to Section 5150.
(e) If the county behavioral health director of the County of Sacramento develops procedures pursuant to subdivision (a), the county behavioral health director of the County of Sacramento shall, by April 1, 2022, issue a written policy regarding the procedures developed pursuant to subdivision (a). The policy shall address, at a minimum, the topics identified in paragraphs (1) to (4), inclusive, of subdivision (a). The policy shall require the county behavioral health director of the County of Sacramento to designate individuals employed by the City of Sacramento who are also members of a mobile crisis team or who are also professional persons if all of the following are true:
(1) The City of Sacramento submits a written request to the county behavioral health director.
(2) The individuals meet the requirements for designation included in the policy.
(3) If the county behavioral health director of the County of Sacramento has developed a training pursuant to subdivision (b), the individuals have completed that training.
(Amended by Stats. 2021, Ch. 399, Sec. 1. (AB 1443) Effective January 1, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 1 - General Provisions › Section 5122.

5122. (a) For purposes of an opinion offered by an expert witness in a proceeding relating to the appointment or reappointment of a conservator pursuant to Chapter 3 (commencing with Section 5350) or Chapter 5 (commencing with Section 5450), the statement of a health practitioner, as defined in subdivision (d), included in the medical record is not made inadmissible by the hearsay rule when the statement pertains to the person’s symptoms or behavior stemming from a mental health disorder or severe substance use disorder that the expert relies upon to explain the basis for their opinion, if the statement is based on the observation of the declarant, and the court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability.
(b) This section does not affect the ability of a party to call as a witness the declarant of any statement contained in the medical record, whether or not the declarant’s statement was relied on by the expert witness.
(c) The court may grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel.
(d) (1) “Health practitioner” means a physician and surgeon, psychiatrist, psychologist, resident, intern, registered nurse, licensed clinical social worker or associate clinical social worker, licensed marriage and family therapist or associate marriage and family therapist, licensed professional clinical counselor or associate professional clinical counselor, any emergency medical technician I or II, paramedic, or person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code, and a psychological associate registered pursuant to Section 2913 of the Business and Professions Code.
(2) “Medical record” means any record, in any form or medium, maintained or lawfully obtained by, or in the custody or control of, the office of the public conservator or public guardian that is prepared by a health practitioner and relates to the health history, diagnosis, or condition of a patient, or relating to treatment provided or proposed to be provided to the patient who is subject to a conservatorship pursuant to Chapter 3 (commencing with Section 5350). Medical record includes records of care in any health-related setting used by health care professionals while providing patient care services, for reviewing patient data or documenting observations, actions, or instructions, including records that are considered part of the active, overflow, and discharge chart. Medical record also includes, but is not limited to, all alcohol and substance use and treatment records.
(e) Nothing in this section affects the application of Section 1201 of the Evidence Code.
(Added by Stats. 2023, Ch. 637, Sec. 3. (SB 43) Effective January 1, 2024.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 1 - Detention of Mentally Disordered Persons for Evaluation and Treatment › Section 5150.05.

5150.05. (a) When determining if probable cause exists to take a person into custody, or cause a person to be taken into custody, pursuant to Section 5150, any person who is authorized to take that person, or cause that person to be taken, into custody pursuant to that section shall consider available relevant information about the historical course of the person’s mental disorder if the authorized person determines that the information has a reasonable bearing on the determination as to whether the person is a danger to others, or to himself or herself, or is gravely disabled as a result of the mental disorder.
(b) For purposes of this section, “information about the historical course of the person’s mental disorder” includes evidence presented by the person who has provided or is providing mental health or related support services to the person subject to a determination described in subdivision (a), evidence presented by one or more members of the family of that person, and evidence presented by the person subject to a determination described in subdivision (a) or anyone designated by that person.
(c) If the probable cause in subdivision (a) is based on the statement of a person other than the one authorized to take the person into custody pursuant to Section 5150, a member of the attending staff, or a professional person, the person making the statement shall be liable in a civil action for intentionally giving any statement that he or she knows to be false.
(d) This section shall not be applied to limit the application of Section 5328.
(Added by Stats. 2001, Ch. 506, Sec. 7. Effective January 1, 2002.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 1 - Detention of Mentally Disordered Persons for Evaluation and Treatment › Section 5150.1.

5150.1. No peace officer seeking to transport, or having transported, a person to a designated facility for assessment under Section 5150, shall be instructed by mental health personnel to take the person to, or keep the person at, a jail solely because of the unavailability of an acute bed, nor shall the peace officer be forbidden to transport the person directly to the designated facility. No mental health employee from any county, state, city, or any private agency providing Short-Doyle psychiatric emergency services shall interfere with a peace officer performing duties under Section 5150 by preventing the peace officer from entering a designated facility with the person to be assessed, nor shall any employee of such an agency require the peace officer to remove the person without assessment as a condition of allowing the peace officer to depart.
“Peace officer” for the purposes of this section also means a jailer seeking to transport or transporting a person in custody to a designated facility for assessment consistent with Section 4011.6 or 4011.8 of the Penal Code and Section 5150.
(Added by Stats. 1985, Ch. 1286, Sec. 6.2. Effective September 30, 1985.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 1 - Detention of Mentally Disordered Persons for Evaluation and Treatment › Section 5150.2.

5150.2. In each county whenever a peace officer has transported a person to a designated facility for assessment under Section 5150, that officer shall be detained no longer than the time necessary to complete documentation of the factual basis of the detention under Section 5150 and a safe and orderly transfer of physical custody of the person. The documentation shall include detailed information regarding the factual circumstances and observations constituting probable cause for the peace officer to believe that the individual required psychiatric evaluation under the standards of Section 5105.
Each county shall establish disposition procedures and guidelines with local law enforcement agencies as necessary to relate to persons not admitted for evaluation and treatment and who decline alternative mental health services and to relate to the safe and orderly transfer of physical custody of persons under Section 5150, including those who have a criminal detention pending.
(Added by Stats. 1985, Ch. 1286, Sec. 6.4. Effective September 30, 1985.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 1 - Detention of Mentally Disordered Persons for Evaluation and Treatment › Section 5150.4.

5150.4. “Assessment” for the purposes of this article, means the determination of whether a person shall be evaluated and treated pursuant to Section 5150.
(Added by Stats. 1985, Ch. 1286, Sec. 6.7. Effective September 30, 1985.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 1 - Detention of Mentally Disordered Persons for Evaluation and Treatment › Section 5150.5.

5150.5. (a) An examination or assessment pursuant to Section 5150 or 5151 may be conducted using telehealth. An examination or assessment provided pursuant to Section 5150 or 5151 shall be consistent with the county’s authority to designate facilities for evaluation and treatment, pursuant to Sections 5150 and 5404.
(b) For the purposes of this section and Section 5151, “telehealth” means the mode of delivering health care services and public health via information and communication technologies, as defined in Section 2290.5 of the Business and Professions Code.
(Added by Stats. 2020, Ch. 149, Sec. 2. (AB 3242) Effective January 1, 2021.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 1 - Detention of Mentally Disordered Persons for Evaluation and Treatment › Section 5151.

5151. (a) If the facility designated by the county for evaluation and treatment admits the person, it may detain the person for evaluation and treatment for a period not to exceed 72 hours from the time that the person was first detained pursuant to Section 5150. Saturdays, Sundays, and holidays may be excluded from the period if the State Department of Health Care Services certifies for each facility that evaluation and treatment services cannot reasonably be made available on those days. The certification by the department is subject to renewal every two years. The department shall adopt regulations defining criteria for determining whether a facility can reasonably be expected to make evaluation and treatment services available on Saturdays, Sundays, and holidays.
(b) Prior to admitting a person to the facility for treatment and evaluation pursuant to Section 5150, the professional person in charge of the facility or a designee shall assess the individual to determine the appropriateness of the involuntary detention. This assessment shall be made face-to-face either in person or by synchronous interaction through a mode of telehealth that utilizes both audio and visual components.
(Amended by Stats. 2022, Ch. 960, Sec. 2. (AB 2275) Effective January 1, 2023.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 1 - Detention of Mentally Disordered Persons for Evaluation and Treatment › Section 5152.1.

5152.1. The professional person in charge of the facility providing 72-hour evaluation and treatment, or his or her designee, shall notify the county behavioral health director or the director’s designee and the peace officer who makes the written application pursuant to Section 5150 or a person who is designated by the law enforcement agency that employs the peace officer, when the person has been released after 72-hour detention, when the person is not detained, or when the person is released before the full period of allowable 72-hour detention if all of the following conditions apply:
(a) The peace officer requests such notification at the time he or she makes the application and the peace officer certifies at that time in writing that the person has been referred to the facility under circumstances which, based upon an allegation of facts regarding actions witnessed by the officer or another person, would support the filing of a criminal complaint.
(b) The notice is limited to the person’s name, address, date of admission for 72-hour evaluation and treatment, and date of release.
If a police officer, law enforcement agency, or designee of the law enforcement agency, possesses any record of information obtained pursuant to the notification requirements of this section, the officer, agency, or designee shall destroy that record two years after receipt of notification.
(Amended by Stats. 2015, Ch. 455, Sec. 19. (SB 804) Effective January 1, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 1 - Detention of Mentally Disordered Persons for Evaluation and Treatment › Section 5152.2.

5152.2. Each law enforcement agency within a county shall arrange with the county behavioral health director a method for giving prompt notification to peace officers pursuant to Section 5152.1.
(Amended by Stats. 2015, Ch. 455, Sec. 20. (SB 804) Effective January 1, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 1 - Detention of Mentally Disordered Persons for Evaluation and Treatment › Section 5153.

5153. Whenever possible, officers charged with apprehension of persons pursuant to this article shall dress in plain clothes and travel in unmarked vehicles.
(Amended by Stats. 1969, Ch. 722.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 1 - Detention of Mentally Disordered Persons for Evaluation and Treatment › Section 5154.

5154. (a) Notwithstanding Section 5113, if the provisions of Section 5152 have been met, the professional person in charge of the facility providing 72-hour treatment and evaluation, their designee, the medical director of the facility or their designee described in Section 5152, the psychiatrist directly responsible for the person’s treatment, or the psychologist shall not be held civilly or criminally liable for any action by a person released before the end of 72 hours pursuant to this article.
(b) The professional person in charge of the facility providing 72-hour treatment and evaluation, their designee, the medical director of the facility or their designee described in Section 5152, the psychiatrist directly responsible for the person’s treatment, or the psychologist shall not be held civilly or criminally liable for any action by a person released at the end of the 72 hours pursuant to this article.
(c) The peace officer responsible for the detainment of the person shall not be civilly or criminally liable for any action by a person released at or before the end of the 72 hours pursuant to this article.
(d) A member of a mobile crisis team or a professional person who has been designated by the county pursuant to Section 5121 and who detains or transports a person pursuant to Section 5150 shall not, as a result of detaining or transporting the person, be civilly or criminally liable for any action by the person if the person is released at or before the end of the 72 hours pursuant to this article.
(e) The amendments to this section made by Assembly Bill 348 of the 2003–04 Regular Session shall not be construed to revise or expand the scope of practice of psychologists, as defined in Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
(Amended by Stats. 2021, Ch. 399, Sec. 2. (AB 1443) Effective January 1, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 1 - Detention of Mentally Disordered Persons for Evaluation and Treatment › Section 5155.

5155. Nothing in this part shall be construed as granting authority to local entities to issue licenses supplementary to existing state and local licensing laws.
(Added by Stats. 1968, Ch. 1374.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 1.5 - Detention of Inebriates for Evaluation and Treatment › Section 5170.

5170. When any person is a danger to others, or to himself, or gravely disabled as a result of inebriation, a peace officer, member of the attending staff, as defined by regulation, of an evaluation facility designated by the county, or other person designated by the county may, upon reasonable cause, take, or cause to be taken, the person into civil protective custody and place him in a facility designated by the county and approved by the State Department of Alcohol and Drug Abuse as a facility for 72-hour treatment and evaluation of inebriates.
(Amended by Stats. 1978, Ch. 429.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 1.5 - Detention of Inebriates for Evaluation and Treatment › Section 5170.1.

5170.1. A 72-hour treatment and evaluation facility shall include one or more of the following:
(1) A screening, evaluation, and referral facility which may be accomplished by a mobile crisis unit, first aid station or ambulatory detoxification unit;
(2) A detoxification facility for alcoholic and acutely intoxicated persons.
(3) An alcohol recovery house.
(Added by Stats. 1974, Ch. 1024.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 1.5 - Detention of Inebriates for Evaluation and Treatment › Section 5170.3.

5170.3. Such evaluation facility shall require an application in writing stating the circumstances under which the person’s condition was called to the attention of the officer, member of the attending staff, or other designated person, and stating that the officer, member of the attending staff, or other designated person believes as a result of his personal observations that the person is, as a result of inebriation, a danger to others, or to himself, or gravely disabled or has violated subdivision (f) of Section 647 of the Penal Code.
(Added by Stats. 1971, Ch. 1581.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 1.5 - Detention of Inebriates for Evaluation and Treatment › Section 5170.5.

5170.5. Any person placed in an evaluation facility has, immediately after he is taken to an evaluation facility and except where physically impossible, no later than three hours after he is placed in such facility or taken to such unit, the right to make, at his own expense, at least two completed telephone calls. If the person placed in the evaluation facility does not have money upon him with which to make such calls, he shall be allowed free at least two completed local toll free or collect telephone calls.
(Amended by Stats. 1974, Ch. 1024.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 1.5 - Detention of Inebriates for Evaluation and Treatment › Section 5170.7.

5170.7. A person who requests to be released from the facility before 72 hours have elapsed shall be released only if the psychiatrist directly responsible for the person’s treatment believes, as a result of his or her personal observations, that the person is not a danger to others, or to himself or herself. If any other professional person who is authorized to release the person, believes the person should be released before 72 hours have elapsed, and the psychiatrist directly responsible for the person’s treatment objects, the matter shall be referred to the medical director of the facility for the final decision. However, if the medical director is not a psychiatrist, he or she shall appoint a designee who is a psychiatrist. If the matter is referred, the person shall be released before 72 hours have elapsed only if the psychiatrist making the final decision believes, as a result of his or her personal observations, that the person is not a danger to others, or to himself or herself.
(Amended by Stats. 1985, Ch. 1288, Sec. 4. Effective September 30, 1985.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 1.5 - Detention of Inebriates for Evaluation and Treatment › Section 5171.

5171. If the facility for 72-hour treatment and evaluation of inebriates admits the person, it may detain him for evaluation and detoxification treatment, and such other treatment as may be indicated, for a period not to exceed 72 hours. Saturdays, Sundays and holidays shall be included for the purpose of calculating the 72-hour period. However, a person may voluntarily remain in such facility for more than 72 hours if the professional person in charge of the facility determines the person is in need of and may benefit from further treatment and care, provided any person who is taken or caused to be taken to the facility shall have priority for available treatment and care over a person who has voluntarily remained in a facility for more than 72 hours.
If in the judgment of the professional person in charge of the facility providing evaluation and treatment, the person can be properly served without being detained, he shall be provided evaluation, detoxification treatment or other treatment, crisis intervention, or other inpatient or outpatient services on a voluntary basis.
(Amended by Stats. 1971, Ch. 1581.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 1.5 - Detention of Inebriates for Evaluation and Treatment › Section 5172.

5172. Each person admitted to a facility for 72-hour treatment and evaluation under the provisions of this article shall receive an evaluation as soon after he or she is admitted as possible and shall receive whatever treatment and care his or her condition requires for the full period that he or she is held. The person shall be released before 72 hours have elapsed only if, the psychiatrist directly responsible for the person’s treatment believes, as a result of his or her personal observations, that the person no longer requires evaluation or treatment. If any other professional person who is authorized to release the person, believes the person should be released before 72 hours have elapsed, and the psychiatrist directly responsible for the person’s treatment objects, the matter shall be referred to the medical director of the facility for the final decision. However, if the medical director is not a psychiatrist, he or she shall appoint a designee who is a psychiatrist. If the matter is referred, the person shall be released before 72 hours have elapsed only if the psychiatrist making the final decision believes, as a result of his or her personal observations, that the person no longer requires evaluation or treatment.
Persons who have been detained for evaluation and treatment shall be released, referred for further care and treatment on a voluntary basis, or, if the person, as a result of impairment by chronic alcoholism, is a danger to others or to himself or herself, or gravely disabled, he or she may be certified for intensive treatment, or a conservator or temporary conservator shall be appointed for him or her pursuant to this part as required.
(Amended by Stats. 1985, Ch. 1288, Sec. 5. Effective September 30, 1985.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 1.5 - Detention of Inebriates for Evaluation and Treatment › Section 5172.1.

5172.1. Any person who is a danger to others, or to himself, or gravely disabled as a result of inebriation, may voluntarily apply for admission to a 72-hour evaluation and detoxification treatment facility for inebriates.
(Added by Stats. 1971, Ch. 1581.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 1.5 - Detention of Inebriates for Evaluation and Treatment › Section 5173.

5173. (a)  Notwithstanding Section 5113, if the provisions of Section 5170.7 or 5172 have been met, the professional person in charge of the facility providing 72-hour treatment and evaluation, the medical director of the facility or his or her designee described in Sections 5170.7 and 5172, and the psychiatrist directly responsible for the person’s treatment shall not be held civilly or criminally liable for any action by a person released before the end of 72 hours pursuant to this article.
(b) The professional person in charge of the facility providing 72-hour treatment and evaluation, the medical director of the facility or his or her designee described in Sections 5170.7 and 5172, and the psychiatrist directly responsible for the person’s treatment shall not be held civilly or criminally liable for any action by a person released at the end of the 72 hours pursuant to this article.
(c) The peace officer responsible for the detainment of the person shall not be civilly or criminally liable for any action by a person released at or before the end of the 72 hours pursuant to this article.
(Amended by Stats. 1985, Ch. 1288, Sec. 6. Effective September 30, 1985.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 1.5 - Detention of Inebriates for Evaluation and Treatment › Section 5174.

5174. It is the intent of the Legislature (a) that facilities for 72-hour treatment and evaluation of inebriates be subject to state funding under Part 2 (commencing with Section 5600) of this division only if they provide screening, evaluation and referral services and have available medical services in the facility or by referral agreement with an appropriate medical facility, and would normally be considered an integral part of a community health program; (b) that state reimbursement under Part 2 (commencing with Section 5600) for such 72-hour facilities and intensive treatment facilities, under this article shall not be included as priority funding as are reimbursements for other county expenditures under this part for involuntary treatment services, but may be provided on the basis of new and expanded services if funds for new and expanded services are available; that while facilities receiving funds from other sources may, if eligible for funding under this division, be designated as 72-hour facilities, or intensive treatment facilities for the purposes of this article, funding of such facilities under this division shall not be substituted for such previous funding.
No 72-hour facility, or intensive treatment facility for the purposes of this article shall be eligible for funding under Part 2 (commencing with Section 5600) of this division until approved by the Director of Alcohol and Drug Abuse in accordance with standards established by the State Department of Alcohol and Drug Abuse in regulations adopted pursuant to this part. To the maximum extent possible, each county shall utilize services provided for inebriates and persons impaired by chronic alcoholism by federal and other funds presently used for such services, including federal and other funds made available to the State Department of Rehabilitation and the State Department of Alcohol and Drug Abuse. McAteer funds shall not be utilized for the purposes of the 72-hour involuntary holding program as outlined in this chapter.
(Amended by Stats. 1978, Ch. 429.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 1.5 - Detention of Inebriates for Evaluation and Treatment › Section 5175.

5175. Nothing in this article shall be construed to prevent a facility designated as a facility for 72-hour evaluation and treatment of inebriates from also being designated as a facility for 72-hour evaluation and treatment of other persons subject to this part, including persons impaired by chronic alcoholism.
(Added by Stats. 1969, Ch. 1472.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 1.5 - Detention of Inebriates for Evaluation and Treatment › Section 5176.

5176. This article shall apply only to those counties wherein the board of supervisors has adopted a resolution stating that suitable facilities exist within the county for the care and treatment of inebriates and persons impaired by chronic alcoholism, designating the facilities to be used as facilities for 72-hour treatment and evaluation of inebriates and for the extensive treatment of persons impaired by chronic alcoholism, and otherwise adopting the provisions of this article.
Each county Short-Doyle plan for a county to which this article is made applicable shall designate the specific facility or facilities for 72-hour evaluation and detoxification treatment of inebriates and for intensive treatment of persons impaired by chronic alcoholism and for the treatment of such persons on a voluntary basis under this article, and shall specify the maximum number of patients that can be served at any one time by each such facility.
(Amended by Stats. 1974, Ch. 1024.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 2 - Court-Ordered Evaluation for Mentally Disordered Persons › Section 5200.

5200. Any person alleged, as a result of mental disorder, to be a danger to others, or to himself, or to be gravely disabled, may be given an evaluation of his condition under a superior court order pursuant to this article. The provisions of this article shall be carried out with the utmost consideration for the privacy and dignity of the person for whom a court-ordered evaluation is requested.
(Repealed and added by Stats. 1967, Ch. 1667.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES › PART 1 - THE LANTERMAN-PETRIS-SHORT ACT › CHAPTER 2 - Involuntary Treatment › ARTICLE 2 - Court-Ordered Evaluation for Mentally Disordered Persons › Section 5201.

5201. Any individual may apply to the person or agency designated by the county for a petition alleging that there is in the county a person who is, as a result of mental disorder a danger to others, or to himself, or is gravely disabled, and requesting that an evaluation of the person’s condition be made.
(Repealed and added by Stats. 1967, Ch. 1667.)