AB 488

Under current law, a person may petition for involuntary commitment of an

individual if the petition for examination (three-person petition) is signed by three

adult persons, at least one of whom has personal knowledge of the conduct of the

individual, except in certain situations where a court finds a juvenile not responsible

for an offense by reason of mental disease or defect or not competent to proceed with

the criminal proceedings. The three-person petition must allege that the individual

is mentally ill, drug dependent, or developmentally disabled, is a proper subject for

treatment, and is dangerous. For purposes of involuntary commitment, an

individual is dangerous, under current law, because the individual evidences any of

the following: 1) a substantial probability of physical harm to himself or herself as

manifested by evidence of recent threats of or attempts at suicide or serious bodily

harm; 2) a substantial probability of physical harm to other individuals as

manifested by evidence of recent homicidal or other violent behavior or by evidence

that others are placed in reasonable fear of violent behavior and serious physical

harm to themselves; 3) impaired judgment manifested by evidence of a pattern of

recent acts or omissions such that there is substantial probability of physical

impairment or injury to himself or herself; 4) an inability to satisfy certain basic

needs, due to mental illness, so that a substantial probability exists that death,

serious physical injury, serious physical debilitation, or serious physical disease will

imminently ensue without prompt and adequate treatment for mental illness; or 5)

for an individual who is not alleged to be drug dependent or developmentally

disabled, incapability of expressing an understanding of the advantages and

disadvantages of accepting medication or treatment and the alternatives, or

substantial incapability of applying that understanding to his or her mental illness

and a substantial probability that the individual needs care or treatment to prevent

further disability or deterioration and that he or she will, if left untreated, lack

services necessary for health and safety and suffer severe mental, emotional, or

physical harm that will result in the loss of the individual's ability to function

independently or the loss of cognitive or volitional control over thoughts and actions

(grounds for involuntary commitment). Current law provides an additional

procedure if a three-person petition is filed based on the fifth ground for involuntary

commitment. Current law also sets forth certain exceptions and requirements if the

subject of the three-person petition is an inmate of a prison, jail, or other criminal

detention facility or if the subject has been in inpatient treatment for mental illness,

developmental disability, or drug dependency immediately before commencement of

involuntary commitment proceedings. Current law also provides alternate grounds

for commitment.

In addition to one of the grounds for involuntary commitment, the three-person

petition must contain the names and addresses of the petitioners and their

relationship to the subject individual and the names and addresses of individuals