CITY COUNCIL STAFF REPORT
Meeting: July 19, 2022
Subject
Consider adopting a position on Senate Bill 1338 (Umberg And Eggman), The Community Assistance, Recovery, and Empowerment (CARE) Court Program Recommended Action
Consider adopting a position on SB 1338 and authorizing the Mayor to send letters to the State Legislature regarding the proposed legislation.
Discussion
At the June 27, 2022 Legislative Review Committee (LRC) meeting, the LRC voted to take a watch position on SB 1338 until the entire Council could adopt a position.
SB 1338, sponsored by Governor Newsom creates a new program – the Community Assistance, Recovery, and Empowerment (CARE) Court program. Under the CARE Court program, civil courts could order those suffering from certain mental illnesses into a treatment program at the community level. This is similar to today’s Assisted Outpatient Treatment under the Lanterman-Petris Short (LPS) Act, but with more community-based support and services and more ongoing court oversight. Under the bill, a broad range of individuals, including family members, behavioral health professionals, and first responders with knowledge of the person, can petition the civil court to have a person suffering from severe mental illness and a current diagnosis of schizophrenia spectrum or other psychotic disorder ordered into either a voluntary CARE agreement, or a court-ordered treatment plan for one year or, if renewed, two years.
On June 20, California announced $518.5 million in grants, which includes over $54 million to Santa Clara County, to help provide services and housing options to persons with severe mental illness or substance abuse problems, including those who are unhoused. This is part of a $2.2 billion effort to expand mental health housing and services across California, including CARE Court. More information can be found in the report in Attachment A from the City’s legislative consultant, Joe A. Gonsalves & Son.
When discussed at the LRC meeting, the LRC unanimously recommended that the full Council consider a position on SB 1338.
Sustainability Impact
None anticipated.
Fiscal Impact
None anticipated.
Prepared by: Astrid Robles, Acting Assistant to the City Manager Approved by: Dianne Thompson, Acting City Manager Attachments:
A – SB 1338 Summary Report by Joe A. Gonsalves and Son
B – SB 1338 Assembly Committee on Health Bill Analysis
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