Title
Adopt a resolution to defer implementation of changes made to the legal definition of "gravely disabled" set forth by Senate Bill 43 (2023-2024 Reg. Session) to January 1, 2026.
Report
RECOMMENDATION:
It is recommended that the County of Monterey Board of Supervisors adopt a resolution to defer implementation of the legal definition of "gravely disabled" set forth by Senate Bill 43 (2023-2024 Reg. Session) to January 1, 2026.
SUMMARY/DISCUSSION:
The Lanterman-Petris-Short (LPS) Act (Welfare and Institutions Code section 5100, et seq.) provides for the evaluation and treatment of a person who is "gravely disabled," which is currently defined to mean a condition in which a person, because of a mental health disorder, is unable to provide for his or her basic personal needs for food, clothing, or shelter.
On October 10, 2023, the Governor of the State of California signed Senate Bill 43 (2023-2024 Reg. Session), Statutes 2023, Chapter 637 (SB 43), expanding the definition of "gravely disabled" to include a person who, as a result of a mental health disorder, a severe substance use disorder, or a co-occurring mental health disorder and a severe substance use disorder, or as a result of impairment by chronic alcoholism, is unable to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care.
The new, expanded definition of "gravely disabled" becomes effective on January 1, 2024, unless the governing board of the county adopts a resolution to defer implementation of the new definition of "gravely disabled" under Welfare and Institutions Code section 5008(h)(1) to January 1, 2026.
The County of Monterey administers the LPS system for persons located in Monterey County. The expanded definition will require significant effort in building and expanding the treatment, workforce, delivery networks, housing capacity and models for locked treatment settings or models of care for involuntary Substance Use Diso...
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