AB 5

This bill extends comprehensive programs established by the Department of

Health Services, voluntary treatment, treatment and other services, certain

emergency and involuntary commitment procedures, and civil rights among other

services to those persons who are drug dependent. Currently, those provisions and

services apply only to alcoholics and those who are intoxicated as a result of the use

of alcohol.

The current emergency detention criteria and procedures for alcoholics and

intoxicated persons, which are different from the traditional emergency detention

criteria and procedures, specify that either an intoxicated person who has

threatened, attempted, or inflicted physical harm on himself or herself or another

and is likely to inflict physical harm unless committed or a person incapacitated by

alcohol may be committed and brought to a facility for emergency treatment upon the

petition of an individual and pending a preliminary hearing, which the court must

schedule within 48 hours of receipt of the petition. Currently, three adults may

petition the court for involuntary commitment of a person for use of alcohol, which

is a separate procedure from a traditional involuntary commitment procedure. The

petition for involuntary commitment must 1) allege habitual lack of self-control as

to the use of alcohol to the extent that health is substantially impaired or endangered

and social or economic functioning is substantially disrupted; 2) allege that the

person's condition is evidenced by a pattern of conduct that is dangerous to the

person or others; 3) state that the person is a child or state facts sufficient for a

determination of indigency; 4) be supported by the affidavit of each petitioner who

has personal knowledge of the factual basis for the allegations; and 5) contain a

statement of each petitioner who does not have personal knowledge for the basis of

his or her belief. The court must set a preliminary hearing on the petition to

determine whether there is probable cause to believe that the allegations in the

petition are true and then, if probable cause is found, must set a full hearing on the

involuntary commitment. The bill extends these emergency and involuntary

commitment procedures to persons who have drug dependence, who are

incapacitated by use of other drugs, and who habitually lack self-control as to the

use of drugs. The bill does not change the current criteria or procedures for

involuntary commitment of a drug dependent person under the traditional

involuntary commitment for treatment provision.