2 days Ago By Brooke Binkowski • Times of San Diego
State Senate Bill 43 has now gone into effect in San Diego County. The bill — the largest and most comprehensive update to the state’s detention and conservatorship laws in decades — has modified the legal definition of “grave disability,” which can be used to evaluate a person with behavioral health issues. This means that now more people throughout the state, including in San Diego, may be involuntarily held or transported for evaluation and treatment.
SB-43 was signed into law by Gov. Gavin Newsom on Oct. 10, 2023.
Most counties in California decided to start applying SB-43 in January 2026. Locally, county officials say that they have spent the last year organizing extensive planning and training to prepare for the changes a year ahead of most. San Francisco and San Luis Obispo adopted the changes last January.
“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,” said Luke Bergmann, director of County Behavioral Health Services , in a statement . “From the County’s side, we stand ready with our Crisis Stabilization Units and substance use treatment providers to help. It is going to require a community-wide effort and it will be a learning process.
” Previous state law allowed civil detainment in cases of a suspected mental health condition when people are determined to be a danger to self, a danger to others, or gravely disabled because they cannot secure food, shelter or clothing. Under the new law, “grave disability” has been redefined to not only include those unable to secure food, shelter, and clothing, but also those who cannot keep themselves safe or get themselves necessary medical care. “Grave disability” may also be determined to be a result of mental illness or substance use disorder as a standalone condition.
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It applies to the three primary processes established in previous law: Assessment, evaluation and crisis intervention or placement for those on a 5150 hold, an involuntary psychiatric hold that can last up to 72 hours If necessary and appropriately authorized, the intensive treatment period for grave disability may be extended for up to two periods of 30 days each Conservatorship of up to one year, and renewable, for ongoing behavioral health treatment and support, subject to a court’s determination. Law enforcement trainings locally have been led by the Jewish Family Service Patient Advocacy program. County Behavioral Health Services estimates the new definitions will result in an increase of about 1,500 72-hour detentions locally for involuntary treatment over years past.
The actual number will depend on actions taken by law enforcement, medical specialists, and behavioral health clinicians. More information about the new law and guidelines in San Diego County can be found here . Get Our Free Daily Email Newsletter Get the latest local and California news from Times of San Diego delivered to your inbox at 8 a.
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