SB 331 (MENJIVAR) Substance Abuse – Opposed Unless Amended

April 3rd, 2025

The Honorable Caroline Menjivar
Senate Health Committee
1021 O Street, Room 3310
Sacramento , CA 95814

RE: OPPOSE UNLESS AMENDED Senate Bill 331 (Menjivar)

Dear Chair Menjivar,   

Mental Health America of California (MHAC) respectfully opposes unless amended Senate Bill 331 (Menjivar), which would define a “mental health disorder” as a condition outlined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders.

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 issues through voluntary services that are delivered in their local community with compassion and respect for everyone’s dignity and autonomy. In accordance with our mission, MHAC supports increasing the availability of voluntary, accessible, culturally responsive, community-based services.

The definition of “mental health disorder” as outlined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) is not only overly broad, but also misaligned with the intent of the statute regarding involuntary commitment.

The current version of the DSM lists 265 conditions, a large number of which are inappropriate grounds for involuntary commitment. Some of these include sexual dysfunction, sleep wake disorders, communication disorders, stuttering, caffeine use disorder, and tobacco use disorder. [1]

The Lanterman-Petris-Short (LPS) Act was intended to “end the inappropriate, indefinite, and involuntary commitment of persons with mental health disorders” by authorizing involuntary treatment in very limited circumstances. By defining “mental health disorder” as broadly as the DSM criteria, California risks expansion of involuntary commitment far beyond the intent of the LPS Act. Furthermore, the LPS Act requires the provision of evaluation and treatment services for individuals placed on involuntary holds. Yet, many of the conditions listed in the DSM are not appropriate for treatment within locked facilities.

While we are opposed to the current bill language defining a “mental health disorder” as outlined in the current edition of the DSM, we are not necessarily opposed to defining “mental health disorder” in statute. Ideally, we would like this provision removed from the bill but if that is not possible, we would welcome the opportunity to work with the author and sponsors to develop a more suitable definition.

It is for these reasons MHAC must oppose SB 331 (Menjivar). If you have any questions, or if MHAC can provide any assistance on this bill or any behavioral health legislation, please do not hesitate to contact me at hstrunk@mhac.org or our Director of Public Policy, Karen Vicari, at kvicari@mhaofca.org. 

In Community,   

Heidi L. Strunk   
President & CEO 


[1] American Psychiatric Association. (2013). DSM-5 Table of Contents.