Newsom signs law creating mental health courts in California. How it could help homelessness
Sacramento BeeSep 14, 2022
Gov.
Surrounded by elected officials and behavioral health providers in
Senate Bill 1338 gives family members, first responders and medical professionals, among others, a new pathway to get treatment for those with mental illness. The policy will not only require people to participate in treatment programs but also mandate counties to make services available to them.
Although CARE Court is also open to those who have housing, Newsom has repeatedly framed it as an innovative tool to treat unhoused residents in the most critical need of assistance — those living in sordid conditions who often cycle between the streets, hospitals and jails.
“This is a new paradigm,” Newsom said during a news conference at the headquarters of Momentum for Health, a mental health provider in
“We have the power to turn this around.”
Although legislators almost unanimously supported the plan and some initial critics came around to the idea, disability rights groups and criminal justice advocates remain staunchly opposed, arguing that it disregards the civil rights of individuals by forcing them into treatment.
“From our perspective, its just one more non-solution to the houselessness and mental health crises affecting our state,” Garrow said in an interview. “California desperately needs more housing and healthcare — that’s the answer.
Newsom and local elected officials across
The Golden State is pouring more money than ever into tackling homelessness and mental illness. Over the last two years, the governor earmarked
In
“We can treat people who live with severe mental illness or substance use in a very humane way,” Cruz said, “but sometimes also in a way that gives them a little nudge to let them know that they need help.”
Under the new legislation, California’s 58 counties must set up mental health courts and provide treatment to those diagnosed with schizophrenia or other psychotic disorders.
For an individual to be referred to CARE Court, family members, first responders, behavioral health providers and others can petition a civil judge who will be tasked with ordering a clinical evaluation to assess whether the person meets the criteria to qualify. Participants must be age 18 or older, experiencing severe mental illness and either be “unlikely to survive safely in the community without supervision” or at risk of causing serious harm to themselves or others if their conditions go untreated.
The governor’s office has estimated that 10,000 to 12,000 people would qualify for the program, but county offices believe that number could reach as high as 50,000, according to an Assembly floor analysis.
If admitted into the program, individuals will be provided with a plan that includes treatment, medication and social services. Through the program, which could last up to two years, participants will paired with an attorney and personal advocate to help them navigate the situation.
Counties are required to provide housing, healthcare and other services mandated by a court order. Failure to deliver on the orders could result in fines of up to
Despite Wednesday’s fanfare over the bill signing, major questions about the program have yet to be answered, including whether there will be enough housing and staffing to go around.
“Our work is not done,” said Sen.
State officials hope that a staggered approach and an influx of cash will help counties navigate the uncharted waters.
“This is unprecedented support that we are committing to over the next few years to make this program work,” Newsom said.
In response to intitial concerns from local officials over the bill’s expedited timeline for implementation, the program will be rolled out in two phases. The first batch of counties —
The state’s 2022 budget allocates
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