Senator Umberg's amendments to California's Community Assistance, Recovery, and Empowerment (CARE) Act expand court authority to divert individuals with serious mental illness from criminal proceedings into behavioral health treatment. The legislation modifies both the Penal Code and Welfare and Institutions Code to broaden program eligibility and streamline court procedures.
The bill authorizes courts to refer defendants from felony proceedings to CARE Court programs, adding to existing referral pathways from assisted outpatient treatment, conservatorship, and misdemeanor cases. Courts may now make prima facie determinations of CARE eligibility without conducting hearings, while maintaining requirements for subsequent clinical evaluations and treatment planning.
Program eligibility extends to individuals diagnosed with bipolar I disorder with psychotic features, except when psychosis stems from current intoxication. The amendments allow nurse practitioners and physician assistants to provide supporting affidavits for CARE petitions, expanding the pool of qualified behavioral health professionals who can facilitate program entry.
The legislation establishes detailed timelines for court proceedings, mandating initial appearances within 14 days of referral and clinical evaluation hearings within 21 days. County behavioral health agencies must develop treatment plans within prescribed periods and file comprehensive progress reports. If hearings face delays, courts must release confined individuals on their own recognizance pending proceedings.
A new data collection and reporting framework requires the Department of Health Care Services to publish annual analyses of program outcomes, including demographic information, service provision, and impacts on housing status, hospitalizations, and criminal justice involvement. The data must be stratified by factors such as race, ethnicity, disability status, and geographic location to evaluate program equity.
![]() Tom UmbergD Senator | Bill Author | Not Contacted |
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Senator Umberg's amendments to California's Community Assistance, Recovery, and Empowerment (CARE) Act expand court authority to divert individuals with serious mental illness from criminal proceedings into behavioral health treatment. The legislation modifies both the Penal Code and Welfare and Institutions Code to broaden program eligibility and streamline court procedures.
The bill authorizes courts to refer defendants from felony proceedings to CARE Court programs, adding to existing referral pathways from assisted outpatient treatment, conservatorship, and misdemeanor cases. Courts may now make prima facie determinations of CARE eligibility without conducting hearings, while maintaining requirements for subsequent clinical evaluations and treatment planning.
Program eligibility extends to individuals diagnosed with bipolar I disorder with psychotic features, except when psychosis stems from current intoxication. The amendments allow nurse practitioners and physician assistants to provide supporting affidavits for CARE petitions, expanding the pool of qualified behavioral health professionals who can facilitate program entry.
The legislation establishes detailed timelines for court proceedings, mandating initial appearances within 14 days of referral and clinical evaluation hearings within 21 days. County behavioral health agencies must develop treatment plans within prescribed periods and file comprehensive progress reports. If hearings face delays, courts must release confined individuals on their own recognizance pending proceedings.
A new data collection and reporting framework requires the Department of Health Care Services to publish annual analyses of program outcomes, including demographic information, service provision, and impacts on housing status, hospitalizations, and criminal justice involvement. The data must be stratified by factors such as race, ethnicity, disability status, and geographic location to evaluate program equity.
Ayes | Noes | NVR | Total | Result |
---|---|---|---|---|
38 | 0 | 2 | 40 | PASS |
![]() Tom UmbergD Senator | Bill Author | Not Contacted |