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San Diego City Wire

Monday, January 6, 2025

San Diego prepares for major update in behavioral health treatment laws

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Nora Vargas District 1 Chair | Official website of County of San Diego

Nora Vargas District 1 Chair | Official website of County of San Diego

The County of San Diego's Behavioral Health Services has spent the past year preparing for significant changes to California's civil detention and conservatorship laws, which took effect on January 1, 2025. These updates are mandated by State Senate Bill 43 (SB-43), signed into law by Governor Gavin Newsom on October 10, 2023.

The new legislation broadens the criteria for involuntary evaluation and treatment of individuals with behavioral health conditions. It redefines "grave disability" to include those unable to secure food, shelter, or clothing, as well as those who cannot ensure their safety or obtain necessary medical care. The condition can result from mental illness or substance use disorder.

San Francisco and San Luis Obispo were early adopters of SB-43 in January 2024. However, San Diego County opted to delay implementation for a year to conduct extensive training with regional partners. Most California counties plan to apply SB-43 starting in January 2026.

Training efforts in San Diego involved community members, hospital staff, law enforcement leadership, harm reduction advocates, legal representatives, and others. Officers from all cities within the county have participated in these sessions led by the Jewish Family Service Patient Advocacy program.

Luke Bergmann, director of County Behavioral Health Services stated: “I can’t say enough about how all the stakeholders have come together to ensure we are properly and compassionately applying this new law to help some of our most vulnerable residents.”

County Behavioral Health Services anticipates an increase of approximately 1,500 involuntary detentions due to SB-43's changes. Individuals detained under a 5150 hold will be assessed at emergency departments or crisis stabilization units. They may be released if they no longer meet involuntary treatment criteria or agree to voluntary care.

For more information on SB-43's implementation in San Diego County, detailed resources are available online through the County Behavioral Health Services' website.

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