SB 565

This bill clarifies current law regarding transport of individuals for emergency

detention, expressly providing that a law enforcement agency may contract with

another law enforcement agency, an ambulance service provider, or a third-party

vendor to transport an individual for emergency detention if the agency, provider, or

vendor agrees to provide the transport. Under current law, certain individuals

including a law enforcement officer or a person authorized to take a child into custody

under certain circumstances may transport, or cause an individual to be transported,

for emergency detention, if the county department of community programs in the

county in which the individual was taken into custody approves the need for

detention, and for evaluation, diagnosis, and treatment if permitted.

The bill also provides that an individual in custody being transported for

emergency detention remains in the custody of the law enforcement officer or other

authorized person who placed the individual in custody for purposes of emergency

detention, except that if a law enforcement agency contracts with another law

enforcement agency to transport an individual for the purposes of emergency

detention, custody is transferred to the transporting law enforcement agency. The

bill does not change the current law provision that upon arrival at the facility for

emergency detention, custody of the individual is then transferred to the facility.

Finally, the bill requires the Department of Health Services to request any

federal approval required to provide reimbursement to counties for the costs of

transporting for emergency detention recipients under the Medical Assistance

program and to provide that reimbursement to counties if federal approval is granted

or not required. If federal approval is necessary but not granted, DHS may not

provide reimbursement under the Medical Assistance program. Under the bill, if

DHS provides reimbursement, a county may obtain reimbursement if the individual

transported is a medical assistance recipient and if the transport is provided by a law

enforcement agency or an entity that contracts with a law enforcement agency to

provide transport for emergency detention.