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Receive an update from staff and the County’s State Legislative Advocate on the status of legislation that is of interest to the County; and Consider taking a watch position on AB 1971 and AB 998, which were reviewed by the County’s Legislative Committee on May 21, 2018 and referred to the full Board for consideration
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Published Notice Required? Yes _______ No ___X__
Public Hearing Required? Yes _______ No ___X__
DEPARTMENTAL RECOMMENDATION:
It is recommended that the Board receive an update from staff and the County’s State Legislative Advocate on the status of legislation that is of interest to the County and consider taking a watch position on AB 1971 and AB 998, which were reviewed by the County’s Legislative Committee on May 21, 2018 and referred to the full Board for consideration.
SUMMARY:
Staff will provide an overview of legislation considered by the Board’s Legislative Committee on May 21, 2018. The County’s Legislative Advocate, Karen Lange of Shaw/Yoder/Antwih, Inc., will provide a verbal update on developments at the Capitol and key legislation of interest to the County. Action items were referred to the full Board for consideration and are discussed individually in the discussion section below.
FINANCIAL IMPACT:
The legislative program is designed to result in additional funding and cost avoidance relative to Solano County. The cost of preparing this report and compiling the information is a General Fund cost covered in the County Administrator’s FY2017/18 Adopted Budget.
DISCUSSION:
The County’s Legislative Committee Members convened on May 21, 2018 to discuss both Federal and State issues. Joe Krahn and Hasan Sarsour of Paragon Government Relations, the County Federal advocacy team and Karen Lange of Shaw/Yoder/Antwih Inc., the County’s State legislative advocate participated in the meeting as well.
The County’s May 21, 2018 Legislative Committee agenda included a Federal update from Paragon Government Relations, a summary of which is included in Attachment A. The State advocate, Karen Lange will provide a verbal update at the Board meeting. Also on the agenda were two State legislative bills, AB 1971 and AB 998, each of which is discussed individually below.
Summary of legislative action considered by the Legislative Committee
(Listed in order of the May 21, 2018 Legislative Committee Agenda Action Items)
AB 1971 (Santiago) Mental health services: involuntary detention: gravely disabled
Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed. Under the act, if a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, or is gravely disabled, he or she may, upon probable cause, be taken into custody by a peace officer, a member of the attending staff of an evaluation facility, designated members of a mobile crisis team, or another designated professional person, and placed in a facility designated by the county and approved by the State Department of Social Services as a facility for 72-hour treatment and evaluation.
This bill would expand that the definition of “gravely disabled” for these purposes to also include a condition in which a person, because of a mental health disorder or chronic alcoholism, as applicable, is unable to provide for his or her medical treatment, as specified. The bill would make conforming changes. The bill would make certain legislative findings and declarations related to mental health.
During the discussion at the Legislative Committee meeting it was noted that by expanding the definition of “gravely disabled,” the bill would increase the duties on local agencies, including Solano County Health and Social Services, and would therefore impose a state-mandated local program. Another concern expressed by County Public Health includes the ethical consideration of forcing someone to be treated for conditions against their will.
Staff recommends a WATCH position on AB 1971.
AB 998 (Grayson) Multidisciplinary teams: human trafficking and domestic violence
Existing law authorizes a city, county, city and county, or community-based nonprofit organization to establish a family justice center to assist victims of domestic violence, sexual assault, elder or dependent adult abuse, and human trafficking, to ensure that victims of abuse are able to access all needed services in one location in order to enhance victim safety, increase offender accountability, and improve access to services for victims of domestic violence, sexual assault, elder or dependent adult abuse, and human trafficking. Existing law also authorizes counties to establish multidisciplinary personnel teams regarding issues like child abuse to allow various agencies to collaborate.
This bill would authorize a city, county, city and county, or community-based nonprofit organization to establish a domestic violence multidisciplinary personnel team and a human trafficking multidisciplinary personnel team consisting of two or more persons who are trained in the prevention, identification, management, or treatment of domestic violence or human trafficking cases and who are qualified to provide a broad range of services related to domestic violence or human trafficking.
During the discussion at the Legislative Committee meeting it was noted that AB 998 would allow a multi-disciplinary team (MDT) of representatives from the medical field, law enforcement, social services and the legal system to share information amongst themselves without the explicit consent of the family justice center client (victim of abuse) and would therefore not interfere with the County’s current practice of requiring explicit consent. The bill also contains a provision that unless required by law elsewhere, testimony about the MDT conversations would not be admissible in any criminal, civil or juvenile court proceeding.
Staff recommends a WATCH position on AB 998.