June 5, 2024
The Honorable Chair Mia Bonta
Assembly Health Committee
California State Assembly
1020 N Street, Room 390
Sacramento, CA 95814
Subject: Oppose Senate Bill 1184 (Eggman)
Dear Chair Bonta,
Mental Health America of California (MHAC) opposes Senate Bill 1184 (Eggman), which seeks to extend the timeframe during which a person is deemed incapable of refusing and can be compelled to receive antipsychotic medication during the various phases of an involuntary psychiatric hold.
MHAC is a peer-run organization leading the state in behavioral health public policy and advocacy since 1957. The mission of MHAC is to assist and encourage communities, families and individuals to experience hope, wellness and recovery from mental health and substance use disorder challenges through voluntary services that are delivered in their local community with compassion and respect for everyone’s dignity and autonomy. The use of forced treatment takes away people’s autonomy to choose the services and supports that best supports their recovery.
Current law provides for the rights of individuals when undergoing involuntary treatment. Sections 5332, 5334, and 5336 of the Welfare and Institutions Code details the rights of an individual regarding the involuntary administration of antipsychotic medication, the process for determining a person’s incapacity, and the timeframe of how long a determination of incapacity lasts. Senate Bill 1184 (Eggman) would ensure that a person’s determination of incapacity to refuse medication remains in effect during each phase of an involuntary psychiatric hold. While new amendments require a petition at each phase of the hold to determine incapacity, the bill still subjects individuals to prologued forced administration of antipsychotic medication until the court hears a petition for that detention period and issues a decision.
The initial 72-hour involuntary hold is significantly different from the potentially 30 days of continued intensive treatment. It is vital for people that find themselves in crisis to be provided with every opportunity to have their own self-determination of care at every phase of an involuntary hold. For this reason, we oppose SB 1184 (Eggman) and ask for your “No” vote. If you have any questions, or if MHAC can provide any assistance on this bill or any other behavioral health legislation, please do not hesitate to contact me or our Public Policy Director, Karen Vicari, at kvicari@mhaofca.org.
In Community,
Heidi L. Strunk
President & CEO