AB1676 - Mental health services: assisted outpatient treatment: involuntary medication.

Amended IN Assembly March 24, 2026 Amended IN Assembly March 16, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1676 Introduced by Assembly Member Stefani February 02, 2026 An act to amend Sections 5278 and 5348 of, and to add Section 5336.5 to, the Welfare and Institutions Code, relating to mental health. LEGISLATIVE COUNSEL'S DIGEST AB 1676, as amended, Stefani. Mental health services: assisted outpatient treatment: involuntary medication. Existing law, known as Laura’s Law, requires a county or group of counties to provide assisted outpatient treatment as part of mental health services, unless a county or group of counties opts out by a resolution passed by the governing body, as specified. For participating counties, existing law authorizes a court to order a person who is the subject of a certain petition to obtain assisted outpatient treatment if the court finds, by clear and convincing evidence, that various conditions are met, including, among others, that the person is experiencing a mental illness and that the person has a history of lack of compliance with treatment for their mental illness, as specified. Existing law sets forth certain rights of the person relating to the hearing and imposes conditions on an extension to an initial treatment order. This bill would authorize the county behavioral health director, or their designee, to file a petition for an order authorizing the use of involuntary psychotropic medication independent of, or concurrently with, a petition for assisted outpatient treatment. The bill would authorize a court to issue an order for the use of involuntary medication if the court finds, by clear and convincing evidence, that the facts stated in the required verified petition are true and establish that, among other things, a licensed mental health treatment provider has determined the person who is the subject of the petition has a serious mental disorder. The bill would specify rights that the person who is the subject of the petition is entitled to, including the right to demand a court or jury trial on the issue or issues of whether the person has a serious mental disorder, the person does not have the capacity to refuse treatment with psychotropic medications, or the psychotropic medications are necessary to prevent a relapse or deterioration that would be likely to result in grave disability or serious harm to the person or to others. The bill would provide the procedure for filing of the petition and setting of a trial date. The bill would prohibit any order for involuntary medication until the conclusion of the court or jury trial. The bill would authorize a licensed mental health provider who is a member of the assisted outpatient treatment services team to request that first responders take the subject of the petition into custody and transport the person, or cause the person to be transported, to a designated facility for the administration of the court-ordered medication if specified conditions are met. If the court grants the petition for involuntary psychotropic medication, the bill would require the county behavioral health director, or their designee, to file an affidavit with the court, as specified, affirming that the person who is the subject of the order continues to meet the criteria for the involuntary medication order and whether any medication changes pursuant to authorization occurred during the prior 60 days. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would also prohibit criminal or civil liability for an individual authorized to take custody of and transport individuals with an involuntary medication order issued pursuant to these provisions exercising this authority in accordance with the law. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 5278 of the Welfare and Institutions Code is amended to read: 5278. Individuals authorized under this part to detain a person for 72-hour treatment and evaluation pursuant to Article 1 (commencing with Section 5150) or Article 2 (commencing with Section 5200), or to certify a person for intensive treatment pursuant to Article 4 (commencing with Section 5250) or Article 4.5 (commencing with Section 5260) or Article 4.7 (commencing with Section 5270.10), or to file a petition for post-certification treatment for a person pursuant to Article 6 (commencing with Section 5300), or to take custody of and transport individuals with an involuntary medication order pursuant to Section 5336.5 shall not be held either criminally or civilly liable for exercising this authority in accordance with the law. SEC. 2. Section 5336.5 is added to the Welfare and Institutions Code, to read: 5336.5. (a) A petition for an order authorizing the use of involuntary medication may be filed by the county behavioral health director, or the director’s designee, in the superior court in the county in which the person who is the subject of the petition is present or reasonably believed to be present. An order for the use of involuntary medication pursuant to this section may be filed concurrently with a petition for assisted outpatient treatment pursuant to Section 5346 or 5346.5. (b) The court may issue an order authorizing the use of involuntary medication for a person who is the subject of a petition filed pursuant to this section if the court finds, by clear and convincing evidence, that the facts stated in the verified petition filed in accordance with this section are true and establish that all of the requisite criteria set forth in this section are met, including, but not limited to, each of the following: (1) (A) A court has ordered the person to participate in assisted outpatient treatment pursuant to Section 5346 or 5346.5. (B) If the court grants a petition for assisted outpatient treatment that was concurrently filed with a petition pursuant to this section, the court shall find the petitioner has satisfied the criteria in this paragraph. (2) A licensed mental health treatment provider has determined that the person has a serious mental disorder, disorder as defined in paragraphs (2) and (3) of subdivision (b) of Section 5600.3. (3) A physician or nurse practitioner has determined that the psychotropic medications are necessary to prevent a relapse or deterioration that would be likely to result in grave disability or serious harm to the person or to others, as described in Section 5150, and the person does not have the capacity to refuse treatment with psychotropic medication. (4) A physician or nurse practitioner has prescribed one or more psychotropic medications for the treatment of the person’s disorder, has considered the risks, benefits, and treatment alternatives to involuntary medication, and has determined that the treatment alternatives to involuntary medication are unlikely to meet the needs of the patient. (5) The person has been advised of the risks and benefits of, and treatment alternatives to, the psychotropic medication, and refuses, or is unable to consent to, the administration of the medication. (6) The use of these medications is a component of the written treatment plan required by subdivision (e) of Section 5346 and is accompanied by a medication assessment prepared by the physician or nurse practitioner. (c) A petition filed pursuant to this section shall state all of the following: (1) Whether this petition is filed concurrently with a petition for assisted outpatient treatment pursuant to Section 5346 or 5346.5. (2) All of the criteria for authorizing the use of involuntary medication set forth in subdivision (b). (3) Facts that support the petitioner’s belief that the person who is the subject of the petition meets each criterion, provided that the hearing on the petition shall be limited to the stated facts in the verified petition, and the petition contains all of the grounds on which the petition is based, in order to ensure adequate notice to the person who is the subject of the petition and that person’s counsel. (4) That the person who is the subject of the petition has the rights specified in subdivision (f) of this section and the rights specified in paragraph (4) of subdivision (d) of Section 5346. (d) The petition shall be accompanied by an affidavit of the provider or providers who made the determinations required in paragraphs (2) to (4), inclusive, of subdivision (b). The affidavit shall state all of the following: (1) They personally examined the person who is the subject of the petition no more than 10 days prior to the submission of the petition. (2) The facts and reasons why the person who is the subject of the petition meets the criteria in subdivision (b). (3) That they made appropriate attempts to elicit the cooperation of the person who is the subject of the petition, but have not been successful in persuading that person to voluntarily take the recommended medication. (4) That they recommend the involuntary use of medication, and that they are willing and able to testify at the hearing on the petition. (e) (1) If a petition under this section and a petition for assisted outpatient treatment have been filed concurrently, the court shall fix and consolidate the hearing dates for both petitions and conduct the hearing consistent with the requirements specified in paragraph (1) of subdivision (d) of Section 5346. The petitioner shall promptly cause service of the petition consistent with the requirements specified in paragraph (1) of subdivision (d) of Section 5346. If the petition under this section and a petition for assisted outpatient treatment have been filed concurrently, the court shall make a determination on the petition for assisted outpatient treatment before its determination on the petition pursuant to this section. (2) Upon receipt by the court of a petition submitted pursuant to subdivision (c) that is not filed concurrently with a petition for assisted outpatient treatment, the court shall fix the hearing date and conduct a hearing consistent with the requirements as specified in paragraph (1) of subdivision (d) of Section 5346. The petitioner shall promptly cause service of the petition consistent with the requirements specified in paragraph (1) of subdivision (d) of Section 5346. (f) (1) In addition to all of the rights specified in paragraph (4) of subdivision (d) of Section 5346, a person who is the subject of the petition has the right to demand a court or jury trial on the issue or issues of whether the person has a serious mental disorder, the person does not have the capacity to refuse treatment with psychotropic medications, or the psychotropic medications are necessary to prevent a relapse or deterioration that would be likely to result in grave disability or serious harm to the person or to others, as described in Section 5150. (2) A demand for a court or jury trial shall be made within five days following the hearing on the petition. If the person demands a court or jury trial before the date of the hearing as provided for in subdivision (e), the demand shall constitute a waiver of the hearing. The court or jury trial shall commence within 10 days of the date of the demand, except that the court shall continue the trial date for a period not to exceed 15 days upon the request of counsel for person who is the subject of the petition. If the person demands a court or jury trial, any order for involuntary medication pursuant to this section shall not take effect until the conclusion of the court or jury trial. Failure to commence the trial within that period of time is grounds for dismissal of the proceedings. (3) A person who demands a court or jury trial pursuant to this section is entitled to representation by counsel, as specified in paragraph (4) of subdivision (d) of Section 5346. (4) The petitioner shall promptly cause service of written notice of the trial date, to be made personally on the person who is the subject of the petition and demanded the court or jury trial, and shall send a copy of the notice to the county office of patient rights, to the current health care provider appointed for the person who is the subject of the petition, if the provider is known to the petitioner, and to the petitioner’s counsel, if applicable. (g) If, after hearing all relevant evidence, the court finds that the person who is the subject of the petition meets the criteria for involuntary medication, the court may order the person who is the subject of the petition to receive involuntary medication for the duration of the order requiring the person to obtain assisted outpatient treatment and any subsequent order issued pursuant to subdivision (g) of Section 5346. This order to receive involuntary medication shall remain in effect until one of the following occurs, whichever occurs first: (1) An order requiring the person to obtain assisted outpatient treatment as provided in Section 5346 or 5346.5, or subdivision (g) of Section 5346, is terminated or has expired. (2) The person is determined to have the capacity to refuse treatment with psychotropic medication. This determination shall be made by either of the following: (A) A physician or nurse practitioner who has determined the person’s capacity has been restored or the person no longer meets the criteria for an involuntary medication order specified in subdivision (b). (B) A court or hearing officer who has determined the person’s capacity to refuse treatment with psychotropic medication is restored. (h) (1) A licensed mental health provider who is a member of the assisted outpatient treatment services team, as defined in paragraph (1) of subdivision (a) of Section 5348, may request that first responders, as defined in paragraphs (1) to (4), inclusive, of subdivision (a) of Section 8562, 8562 of the Government Code, take the subject of the petition into custody and transport the person, or cause the person to be transported, to a designated facility, as defined by Section 5008, for the administration of the court-ordered medication and to determine if the person is in need of involuntary care and treatment, if, in the clinical judgment of the licensed mental health provider who is a member of the assisted outpatient treatment services team, as defined in paragraph (1) of subdivision (a) of Section 5348, all of the following requirements are satisfied: (A) The person who is the subject of the petition has failed or has refused to comply with the medication ordered by the court. (B) Efforts were made to so [Text truncated for display. Full text available on Congress.gov.]