In summary
In California, police typically hold mentally ill people in custody for 72 hours so they can be examined and treated. The pending bill would expand so-called 5150 confinement powers to county-designated psychiatrists, psychologists, clinical social workers, certified marriage and family therapists, and clinical counselors.
When California Sen. Aisha Wahab authored a controversial state bill that would allow social workers and therapists to decide when to lock up a person against their will to treat a mental illness, she A hug came to mind.
Wahab is a former Hayward City Council member. Voted to create a local program The initiative sends medical and mental health professionals to certain 911 calls to reduce the number of encounters police officers have with mentally ill people.
After voting, a woman came up to her and hugged her. Wahab said the woman was the mother of a large black man with autism who often wore headphones. He doesn't say anything and gets agitated in tense situations. Her mother told Wahab that she feared her son would be hurt or killed if police were called instead of mental health professionals to take him into custody. she said.
“The problem here is,” Wahab said in an interview with CalMatters. largely. ”
That's the rationale behind Wahab Senate Bill 402, passed the 40-member Senate on Monday. Republican Sen. Janet Nguyen of Huntington Beach was the only “no” vote.
The bill would expand the ability to order 72-hour involuntary confinement to psychiatrists, psychologists, clinical social workers, licensed marriage and family therapists, and clinical counselors. In each county, the behavioral health director would have discretion to select the professionals who can initiate involuntary detention.
Under current law, police officers, members of mental health crisis teams, directors of treatment facilities, and county-designated officials must recognize someone who is such a danger to themselves or others that they must be held against their will. allowed to decide in certain cases. Have her undergo a 72-hour mental health evaluation at a mental health facility or hospital.
In most cases, police end up initiating a process known as a “5150” hold, named after a portion of the California Code. Hospital emergency rooms are often where mentally ill people are brought for initial evaluation and treatment.
Wahab said community organizations that work with marginalized and immigrant populations increasingly have mental health professionals on staff who interact with mentally ill people and their families, and who are more likely to have someone who is out of control. They say they know best what they are starting. Wahab, an Afghan immigrant and former director of a non-profit organization, said people should be able to decide whether someone should undergo forced medical treatment and the process should involve less police involvement. Ta. afghanistan coalition.
In fiscal year 2020-2021, 120,402 adult 5150 holds were issued across the state. According to the report From the California Department of Health Services.
According to the California Hospital Association, behavioral health screenings accounted for one in five emergency room visits in 2021. One Fresno hospital said it placed 6,100 patients on psychiatric holds last year, most of them initiated by police. Legislative analysis of the bill.
Each state has laws that allow mentally ill people to be detained for a period of time, but who can lift the hold and the rights of those detained vary widely. According to researchers. For example, at least 14 states allow social workers to issue holds.
Will the threat of 5150 scare people who need help?
The California Police Chiefs Association announced Monday that it supports the bill, citing the benefits of having more trained professionals interact with the mentally ill rather than relying too heavily on officers.
“While the need for law enforcement will arise in many situations where an individual poses a danger to themselves or others, legislation such as SB 402 is needed to expand the role of mental health professionals in such situations. It is still important to pass effective legislation,” said Alex Gammelgard. the association's president told CalMatters in a written statement.
However, disability rights activists oppose the expansion of involuntary confinement for mentally ill people. last year, they opposed The bill signed by Gov. Gavin Newsom expands the ability to lock people up against their will to include people with substance abuse disorders so severe that they are unable to care for themselves.
Activists say the latest bill would discourage people from seeking help if they knew the social workers or therapists they were interacting with had the power to lock them up.
California Disability Rights Advocate Debra Ross also raised logistical concerns during testimony before the Senate Health Committee earlier this month.
“We don't know how to get people to the hospital who don't want to go to the hospital,” she told the committee. “And we think law enforcement will be notified and that's how it plays out in real time.”
Democratic state Sen. Caroline Menjivar, a former domestic violence crisis therapist and emergency medical technician from Van Nuys, had similar concerns but ultimately voted in favor of the bill.
“Part of the concern for me is the unintended consequences of what's happening in real life,” Menjivar told the committee. “If the therapist puts me on hold, will I wait on the couch? Who will come in? … Will the therapist then drive this patient to her local ER?”
Learn more about the legislators mentioned in this article
State Senate, District 10 (Fremont)
State Senate, District 10 (Fremont)
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2022—Present
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City council member/businessman
State Senate, District 20 (Van Nuys)
State Senate, District 20 (Van Nuys)
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2022—Present
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Nonprofit Program Director
California police can use 5150 for free
Wahab countered that the bill would not prevent police from being called to detain someone, but he is hopeful that police may not be needed.
“When it comes to nonprofits, all you have to do is get a grant and retrofit your vehicle, bus, van, etc.,” she told the committee. “But there has also been a lot of collaboration with hospitals and ambulance services.”
Wahab said if a therapist, caseworker or social worker trusted by a mentally ill person were to set up a hold, they wouldn't have to call the police from their other duties, making the process less conflicting and less dangerous. It is said that there is no such thing.
And not just anyone can issue a hold, she said.
“We are also limiting it to people who are actually involved in this field,” Wahab told CalMatters. “So you could be a therapist and only work with kids and never ask for the ability to do 5150, because that's not your job. It's not your field of interest. But the psyche… There are other therapists who work in health organizations, facilities, non-profits, etc., but their only goal is in this field. So we are very narrow and focused on exactly what we are trying to do here. I’ve been concentrating.”
