MORE EASILY FACILITATING INVOLUNTARY TREATMENT: THE IMPACTS OF SENATE BILL 43 ON THE INTERSECTION OF MENTAL ILLNESS AND HOMELESSNESS IN CALIFORNIA

Mental health and homelessness are two of the most prominent matters affecting California. The Legislature has attempted to combat the issues stemming from these concerns through various forms of legislation. Despite legislative efforts, the intersection between mental illness and homelessness continues to present further challenges. California Senate Bill 43 (SB-43) sets out to address the mental health crisis by modernizing California’s laws handling behavioral health, specifically for individuals living on the streets. This Note analyzes the impact of SB-43 on California’s mental health system and individuals. SB-43 expands the legal definition of “gravely disabled” to include individuals who fit the Bill’s requirements for mental health and severe substance use disorders. Additionally, SB-43 provides that expert witness statements in medical records will not be made inadmissible in court under the hearsay rule. Lastly, the Bill increases the reporting requirements to align with the new definition of “gravely disabled” to provide more clarity within the system. SB-43 poses significant problems that undermine its goals of combating rising rates of mental health issues, substance abuse, and homelessness. SB-43 risks creating a conservatorship pipeline by providing greater possibility for unnecessary institutionalization. In addition, implementation of SB-43 has stalled in most counties due to lack of infrastructure, funding gaps, and opposition. This Note proposes numerous changes to SB-43 including setting clearer criteria, requiring past or present adverse effects to limit subjectivity, eliminating the hearsay exception, and incorporating community-defined programs. SB-43 has the potential to break the cycle of repeated crises including arrest and imprisonment, psychiatric hospitalization for mental illnesses, homelessness, and premature death. However, amendments are necessary for SB-43 to reach successful statewide adoption and to achieve the Bill’s life-saving potential.