§ 5300. — 5300. (Amended by Stats. 2019, Ch. 9, Sec. 22.)

California § 5300.

• Jurisdiction: California
• Code WIC: Welfare and Institutions Code - WIC
• Div. 5.: DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES
• Part 1.: PART 1. THE LANTERMAN-PETRIS-SHORT ACT
• Ch. 2.: CHAPTER 2. Involuntary Treatment
• Art. 6.: ARTICLE 6. Postcertification Procedures for Imminently Dangerous Persons

Text

(a)
At the expiration of the 14-day period of intensive treatment, a person may be confined for further treatment pursuant to the provisions of this article for an additional period, not to exceed 180 days if one of the following exists:
(1)
The person has attempted, inflicted, or made a serious threat of substantial physical harm upon the person of another after having been taken into custody, and while in custody, for evaluation and treatment, and who, as a result of a mental health disorder, presents a demonstrated danger of inflicting substantial physical harm upon others.
(2)
The
person had attempted, or inflicted physical harm upon the person of another, that act having resulted in the person being taken into custody and who presents, as a result of a mental health disorder, a demonstrated danger of inflicting substantial physical harm upon others.
(3)
The person had made a serious threat of substantial physical harm upon the person of another within seven days of being taken into custody, that threat having at least in part resulted in the person being taken into custody, and the person presents, as a result of a mental health disorder, a demonstrated danger of inflicting substantial physical harm upon others.
(b)
A commitment to a licensed health facility under this article places an affirmative obligation on the facility to provide treatment for
the underlying causes of the person’s mental health disorder.
(c)
Amenability to treatment is not required for a finding that a person is a person as described in paragraph (1), (2), or (3) of subdivision (a). Treatment programs need only be made available to these persons. Treatment does not mean that the treatment must be successful or potentially successful, and it does not mean that the person must recognize the person’s problem and willingly participate in the treatment program.

Legislative History

Amended by Stats. 2019, Ch. 9, Sec. 22. (AB 46) Effective January 1, 2020.