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California lawmaker wants to reform conservatorships for those with severe mental illness

Sacramento Bee - 3/1/2023

A California lawmaker will again try to reform the state’s conservatorship system to make it easier for people caring for those with severe mental illness to compel treatment.

Sen. Susan Eggman, D-Stockton, on Wednesday announced legislation to shift the definition of “gravely disabled,” the term used to indicate someone qualifies to have a court-appointed conservator take over decision-making because they can’t provide their own food, clothing or shelter.

Eggman’s bill would add criteria specifying the person is unable to ensure their own safety due to an untreated mental illness or substance abuse. The measure, Senate Bill 43, would also ask courts to take into account whether the person understands their illness and is able to make sound decisions based on the state of their mental health.

In addition, the bill would allow medical experts who have not directly treated a person being considered for a conservatorship to testify at court hearings without having their statements considered hearsay.

Eggman has previously attempted to reform the conservatorship system, but faced opposition from civil liberties organizations, such as Disability Rights California. Advocates from these groups say changing the current system would make it easier to push mentally ill Californians into conservatorships and force treatment against their will.

Her 2022 measure, Senate Bill 1416, died in the Assembly Judiciary Committee.

Eggman on Wednesday also touted a bill that would create a real-time online dashboard showing information about inpatient psychiatric beds, residential mental health facilities, crisis stabilization units and licensed substance abuse treatment facilities.

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