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Home My WebLink AboutAGENDA REPORT 2022 0720 CCSA REG ITEM 10DCITY OF MOORPARK, CALIFORNIA City Council Meeting of July 20, 2022 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. D. Consider Adoption of a “Support” Position for Behavioral Health Legislative Reform Introduced by California State Senator Susan Eggman (SB 929, SB 965, SB 970, SB 1035, SB 1154, SB 1227, SB 1238, and SB 1416). Staff Recommendation: Adopt a “Support” position for the above-listed bills and authorize the Mayor and staff to prepare and submit support letters for them. (Staff: Brian Chong, Assistant to the City Manager) Item: 10.D. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Brian Chong, Assistant to the City Manager DATE: 07/20/2022 Regular Meeting SUBJECT: Consider Adoption of a “Support” Position for Behavioral Health Legislative Reform Introduced by California State Senator Susan Eggman (SB 929, SB 965, SB 970, SB 1035, SB 1154, SB 1227, SB 1238, and SB 1416) BACKGROUND In April 2022, California State Senator Susan Eggman, the Big City Mayors c oalition, the California State Association of Psychiatrists, and the Psychiatrist Physicians’ Alliance of California introduced legislation to overhaul California’s behavioral health care system. Increasingly, mental health problems among the American population are becoming more prevalent, a problem likely accelerated by the COVID-19 pandemic. The League of California Cities is encouraging cities across California to support this legislation as it proceeds through the California Legislature. Because t he City has not historically provided behavioral health services directly – the County of Ventura provides these services for Moorpark residents – the City Council’s Legislative Platform does not authorize the Mayor or staff to take legislative positions on issues of mental and behavioral health without prior approval of the City Council. As such, this agenda item is being brought before the City Council, with a recommendation to formally adopt a “Support” position authorize the Mayor to sign letters of support for these bills. DISCUSSION Senator Eggman, who is a clinical social worker, has introduced eight bills to modernize the way in which California provides behavioral health services. Generally, these bills would expand prevention and early intervention efforts, support community services, improve intersystem collaboration, expand access to assisted outpatient treatment, increase accountability through outcome tracking, prevent avoidable conservatorships, and improve the effectiveness of existing conservatorship processes for those that need Item: 10.D. 666 Honorable City Council 07/20/2022 Regular Meeting Page 2 them. The text of each bill and analyses of each by the Legislative Analyst’s Office are available at https://leginfo.legislature.ca.gov/. However, the bills generally: SB 929: Community Mental Health Services: Data Collection Due to the fragmented nature of California’s mental health system, many different entities are involved in the identification, investigation, treatment, and follow-up when it comes to those experiencing serious mental illness, grave disability, or dangerousness to self or others. SB 929 would require the California Department of Health Care Services to collect additional data about the individuals subject to mental health holds, including the numbers and types of holds, services provided, waiting periods, and outcomes, with the intended effect of improving communications, reducing redundant efforts, and avoiding missed treatments. SB 965: Conservatorships: Medical Record: Hearsay Rule When a person is “gravely disabled” (unable to provide for basic needs of food, clothing, or shelter due to a mental health disorder) or deemed a danger to themselves or others, a court can place that person under a temporary conservatorship. This bill would modify hearsay exemptions and result in more medical information being provided to courts as they make their determinations on conservatorships. SB 970: Mental Health Services This bill would establish the California Mental Health Services Act Outcomes and Accountability Review to assist evaluation of mental health programs. The bill would change the focus of spending from being based on types of programs to be funded to being based on achievable outcomes. The effect would be to better identify effective and ineffective programs. SB 1035: Mental Health Services: Assisted Outpatient Treatment Medication adherence is an essential tool in treating mental health disorders and can allow many individuals to stay safely in their communities. According to a State Auditor Report, medication non-compliance is the prevailing factor why individuals cycle back into restrictive settings. SB 1035 would allow courts to conduct status hearings with a person subject to an assisted outpatient treatment order to evaluate progress and medication adherence when determining whether a person still meets the criteri a for assisted outpatient treatment. SB 1154: Facilities for Mental Health or Substance Use Disorder Crisis: Database This bill would establish a real-time, Internet-based dashboard to collect, aggregate, and display information about beds in inpatient psychiatric facilities, crisis stabilization units, residential community mental health facilities, and licensed residential alcoholism or drug abuse recovery or treatment facilities. Access to an up -to-date database of available beds would help providers quickly find and secure treatment for clients in appropriate settings, thereby reducing delays and reducing extended stays in emergency rooms. 667 Honorable City Council 07/20/2022 Regular Meeting Page 3 SB 1227: Involuntary Commitment: Intensive Treatment For individuals who are gravely disabled or a danger to self or others, counties can currently establish a 14-day period of intensive treatment, with an additional period of 30 days as an alternative to seeking a conservatorship. Ideally, a person will stabilize during these periods. In situations where the person does not stabilize as hoped, this bill would allow one additional 30-day period before a conservatorship is sought. SB 1238: Behavioral Health Services: Existing and Projected Needs This bill would require the California Department of Health Care Services to review current and projected behavioral health care infrastructure and service needs in each region of the state, in conjunction with regional governments across the state. SB 1416: Mental Health Services: Gravely Disabled Persons This bill would modernize the definition of “gravely disabled” to more accurately provide for the needs faced by individuals experiencing severe mental illness. Specifically, it would create additional core criteria such that a person experiencing serious mental illness should have the capacity to provide for their own personal or medical care, and their own self-protection and safety, when a court considers whether a conservatorship or other involuntary intervention is appropriate. Current Status of Legislation All eight bills have been passed by the State Senate and are currently proceeding through the State Assembly’s reviews. Between July 1 and August 1, the Legislature is in its summer recess. In August, these bills will be further considered by various Assembly Committees before going to a floor vote in the Assembly and a concurrence vote in the Senate. If the bills pass those votes, they will be sent to Governor Newsom for signature or veto no later than August 31. He will have until September 30 to sign or veto bills. Legislative Platform Earlier this year, the City Council approved the City’s February 2022 Legislative Platform, which authorizes the Mayor and City staff to take formal positions on legislative matters within specified categories without explicit City Council approval. Such action is often warranted because legislation can be quickly introduced and passed in between City Council meeting dates, which would preclude the City from providing feedback to legislators. The City’s Legislative Platform includes a list of Community Services issues where the Mayor and staff are authorized to take positions without explicit City Council direction, but those items listed are generally limited to community services that the City provides (solid waste services, animal services, and library services). Because the City has not historically provided mental and be havioral health services, though, they are not included in the City’s Legislative Platform. However, the League of California Cities is encouraging cities to support these bills. Additionally, staff from the Ventura County Sheriff’s Office Crisis Intervention Team has informally reviewed the bills and expressed support. As such, it is recommended that 668 Honorable City Council 07/20/2022 Regular Meeting Page 4 the City Council authorize the Mayor and staff to officially support these bills through California’s legislative process. FISCAL IMPACT None. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Adopt a “Support” position for the above-listed bills and authorize the Mayor and staff to prepare and submit support letters for them. 669