Prevention and control of, emergency and involuntary commitment for, and treatment programs and services for drug dependence. (FE)

What it does

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

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.

Who's behind it

The Committee on Assembly Organization introduced it at the governor's request.

9 more lawmakers signed on in support⁠.

What it would cost

State agencies filed a cost estimate. Each opens as a PDF from the Legislature.

• JR7 AB5: Fiscal Estimate From DA
• JR7 AB5: Fiscal Estimate From DCF
• JR7 AB5: Fiscal Estimate From DHS
• JR7 AB5: Fiscal Estimate From DOC
• JR7 AB5: Fiscal Estimate From DOJ
• JR7 AB5: Fiscal Estimate From DOT

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

• Amendment Histories
• LC Amendment Memo