Should California expand what it means to be 'gravely disabled'?

When Gov. Ronald Reagan signed the Mental Health Act of 1967, the legislation signaled a new era in the treatment of mentally ill Californians.

Also known as the Lanterman-Petris-Short Act, the law recognized that not everyone with a mental illness needed to be confined to a state-run psychiatric hospital. Section 5150 established guidelines for the detention of "mentally disordered persons" up to 72 hours for assessment and treatment.

The 1967 law has become a valuable tool for law enforcement agencies and mental health professionals dealing with people living on the street.

But with homelessness surging throughout California, some argue that the 5150 provision needs to be expanded, giving authorities wider latitude in deciding when someone should be removed from the streets.

Legislators in Sacramento will consider this question in the coming months as they debate Assembly Bill 1971. The measure, introduced by Assembly members Miguel Santiago (D-Los Angeles) and Laura Friedman (D-Glendale), would include those who are unable to seek treatment for serious medical conditions.

In 2017, more than 800 homeless people died in L.A. County from medical conditions that are considered to be preventable, records show. There is no estimating who among these were mentally ill, but it is acknowledged that mentally ill people are least likely to perceive how dangerous and unhealthy their living environments are.

"Individuals are falling through the cracks," said Eric Matos, a deputy for Los Angeles County Supervisor Kathryn Barger, who co-sponsored a county motion supporting the bill.

Under the current law, people can be detained if they are deemed to be a danger to themselves or others, or are "gravely disabled," which is defined primarily as being unable to provide food, clothing or shelter for themselves, or to understand the nature and severity of their illness. Such holds can be extended up to a month and eventually include conservatorship for more than a year. - Read More

Should California expand what it means to be 'gravely disabled'?