Local leaders pushed back against Gov. Gavin Newsom’s (D-CA) blasting of counties to implement a law allowing conservatorships for those with mental illness and addiction, forcing some into seeking treatment.
In October, Governor Newsom updated California’s conservatorship laws for the first time in over 50 years. Democratic state Sen. Susan Talamantes Eggman’s Senate Bill 43 allows individuals “experiencing a serious mental illness or severe substance use disorder and most at-risk of harm to themselves” to have a conservator appointed.
“The counties are the front lines of this battle to address the crisis of our time, and that’s what’s happening on the streets and sidewalks,” Newsom said Friday. “They have to do their job with a deeper sense of urgency. They have to recognize people are dying on their watch.”
Counties can enact the law within a few weeks, but local leaders can postpone implementation until 2026. Senate Bill 43 broadens the criteria for individuals deemed “gravely disabled,” thereby expanding the scope of those eligible for involuntary hospitalization or placement in a conservatorship.
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The previous definition stated that a person, due to a mental health disorder, is unable to provide for their basic personal needs for food, clothing, or shelter or has been found mentally incompetent.
The new law incorporates a condition in which a person, due to a severe substance use disorder or a co-occurring mental health disorder, qualifies for conservatorship.
It also includes individuals who are unable to provide for their personal safety or necessary medical care. Moreover, it recognizes cases where there is an inability to provide for personal safety or necessary medical care.
Santa Clara County Executive James Williams resisted Newsom’s remarks, highlighting that the bill had no state funding. This absence of funding imposes an unfunded mandate on counties.
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“The Governor’s comments do not accurately reflect the County’s thoughtful, comprehensive, and swift approach to the implementation of Senate Bill 43, which significantly expands the categories of people who may be conserved by the government,” Williams said.
“The County has been a national leader in addressing the homelessness and mental health crises.” Counties and healthcare officials have raised concerns about overcrowded psychiatric facilities. This is due to the new law expanding the category for individuals who can be involuntarily hospitalized.
On December 5, the San Diego County Board of Supervisors narrowly voted 3-2 to postpone the law’s implementation. The original date was set for January 1, 2024, but it will now be delayed until January 2025.
In a letter supporting the delay and addressed to San Diego Board of Supervisors Chairwoman Nora Vargas, Scripps Health CEO Chris Van Gorder emphasized the need for more time. He stated that the county requires additional time to standardize new procedures and collaborate with the community in implementing the law.
Van Gorder expressed, “We don’t have the beds, the behavioral health beds in this county; we have half the beds we probably need, and that’s not going to be remedied in a year.”
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San Diego mental health advocates voiced frustrations over the governor’s new policy. They argued that Newsom is deflecting from the real problem, which they see as the housing crisis and the lack of voluntary treatment programs.
San Francisco Mayor London Breed announced that the city will be prepared at the beginning of January. She issued an executive directive to city departments, instructing them to collaborate in implementing the new law.
Breed emphasized, “We are ready to get people struggling with addiction on our streets into treatment and save lives,” on Friday.
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