SB1016 - Community Assistance, Recovery, and Empowerment (CARE) Court Program and court-ordered evaluations.

Amended IN Assembly July 02, 2026 Amended IN Senate May 14, 2026 Amended IN Senate April 28, 2026 Amended IN Senate March 26, 2026 Amended IN Senate March 25, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 1016 Introduced by Senator Blakespear (Principal coauthor: Senator Umberg) (Coauthor: Assembly Member Dixon) (Coauthors: Assembly Members Addis, Dixon, and Sanchez) February 10, 2026 An act to amend Sections 5206, 5207, 5211, 5975, 5976.5, 5977, 5977.4, 5979, 5983, and 5985 of, the Welfare and Institutions Code, relating to mental health. LEGISLATIVE COUNSEL'S DIGEST SB 1016, as amended, Blakespear. Community Assistance, Recovery, and Empowerment (CARE) Court Program and court-ordered evaluations. Existing law, the Community Assistance, Recovery, and Empowerment (CARE) Act (CARE Act), authorizes specified persons, including a person with whom the respondent resides, family members, and first responders, among others, to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services, to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, or bipolar I disorder with psychotic features, and who meet other specified criteria. Existing law requires the Judicial Council to develop a mandatory form for use to file a CARE process petition with the court and any other forms necessary for the CARE process, to be signed under the penalty of perjury, and requires the form to contain certain information, including either a specified affidavit of a licensed behavioral health professional or evidence the respondent was detained for a minimum of two intensive treatments pursuant to specified provisions of law. Existing law, the Lanterman-Petris-Short Act (LPS Act), generally provides for the evaluation, treatment, and civil commitment of persons with mental health disorders and other specified persons. Existing law authorizes, under a superior court order, an evaluation of a person alleged, as a result of mental disorder, to be a danger to themselves or others or to be gravely disabled, and authorizes any individual to apply to the person or agency designated by the county for a petition to the court requesting that an evaluation of the person’s condition be made. Existing law requires persons who have been detained for evaluation to be released, referred for care and treatment on a voluntary basis, certified for intensive treatment, or recommended for conservatorship under the LPS Act. and provides the forms to use for these evaluations. The CARE Act authorizes a court to terminate a respondent’s participation in the CARE process if the court determines that the respondent is not participating in the CARE process or is not adhering to their CARE plan, as specified, and authorizes the court to order the court-ordered evaluation under the LPS Act. This bill would, among other things, authorize a petitioner of a CARE Act petition to request that the court order a mental health evaluation under the LPS Act if the petitioner believes that the person may not be willing or able to participate in the CARE process and a CARE plan or CARE agreement due to the severity of their mental disorder or lack of insight into their mental disorder, and would require the Judicial Council to include on the mandatory petition form an option for the petitioner to request that evaluation. The bill would authorize the court to issue an order for a mental health evaluation under the LPS Act if the CARE Act petition or report prepared by the county behavioral health agency establishes probable cause to support the evaluation and the respondent will not voluntarily receive crisis intervention services or an evaluation, as specified. The bill would also make other technical, conforming changes. By expanding the crime of perjury and imposing a higher level of service on counties, the bill would impose a state-mandated local program. If the court finds the petitioner has made a prima facie showing that the respondent is, or may be, a person eligible for the CARE program, the court is required to order the county behavioral health agency, or their designee, as specified, to submit a written report to the court with specified information, including, but not limited to, a determination whether the respondent meets, or is likely to meet, the criteria for the CARE process and conclusions and recommendations about the respondent’s ability to voluntarily engage in services. Existing law requires the court to, within 5 days of receiving the report, take one of several actions, including dismissing the petition if the court determines that voluntary engagement with the respondent is effective and the individual has enrolled, or is likely to enroll, in behavioral health treatment. This bill would also require the written report to include conclusions about whether the respondent is likely to need a higher level of care than is available under the CARE Act and, if so, recommendations about the appropriate level of care and the necessary steps to obtain that level of care for the respondent, as well as whether there is probable cause to believe that the respondent is, as a result of a mental disorder, a danger to themselves or others, or gravely disabled, and whether the respondent will agree voluntarily to receive crisis intervention services or an evaluation in their own home or in a designated facility. respondent and remove the authorization for a court to dismiss the petition if the respondent is only likely to enroll in behavioral health treatment. If the court intends to dismiss a petition because the respondent needs a higher level of services, the bill would authorize the court to order the county to conduct a prepetition screening and hold the CARE petition open until the screening is complete. The bill would also make other technical and conforming changes. By requiring a higher level of service on the county, this bill would impose a state-mandated local program. Existing law requires all hearings regarding these provisions to occur in person unless the court, in its discretion, allows a party or witness to appear remotely. This bill would require the court to allow the hearings to be held remotely, unless otherwise ordered by the court or demanded by the respondent. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. 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 5206 of the Welfare and Institutions Code is amended to read: 5206. (a) Whenever it appears, by petition pursuant to this article or by the process pursuant to the Community Assistance, Recovery, and Empowerment Act (Part 8 (commencing with Section 5970)) to the satisfaction of a superior court that there is probable cause that a person is, as a result of mental disorder, a danger to others, or to themselves, or gravely disabled, and the person has refused or failed to accept evaluation voluntarily, the court shall issue an order notifying the person to submit to an evaluation at the time and place that is designated by the court. The order for an evaluation shall be served, as provided in Section 5208, by a peace officer, counselor in mental health, behavioral health professional, or a court-appointed official. The person shall be permitted to remain in their home or other place of their choosing prior to the time of evaluation, and shall be permitted to be accompanied by one or more of their relatives, friends, an attorney, a personal physician, or other professional or religious advisor to the place of evaluation. If the person to receive evaluation requests, the individuals who accompany the person may be present during the evaluation. (b) If the person refuses or fails to appear for evaluation after having been properly notified, a peace officer, counselor in mental health, or a court-appointed official shall initiate an involuntary hold and place them in a facility designated by the county as a facility for treatment and evaluation. The person shall be evaluated as promptly as possible, and shall in no event be detained longer than 72 hours under the court order, excluding Saturdays, Sundays, and holidays if treatment and evaluation services are not available on those days. (c) A person who has been detained for evaluation shall be released, referred for care and treatment on a voluntary basis, certified for intensive treatment, or recommended for conservatorship pursuant to this part, as required. SEC. 2. SECTION 1. Section 5207 of the Welfare and Institutions Code is amended to read: 5207. The order for evaluation shall be in substantially the following form: In the Superior Court of the State of California for the County of _____ The People of the State of California Concerning and _____ Respondents _____ No. _____ Order for Evaluation or Detention The People of the State of California to : (Peace officer, counselor in mental health, behavioral health professional, or other official appointed by the court) The petition of ____ has been presented this day to me, a Judge of the Superior Court for the County of ____, State of California, from which it appears that there is now in this county, at ____, a person by the name of ____, who is, as a result of mental disorder, a danger to others, or to themselves, or gravely disabled. Now, therefore, you are directed to notify ____ to submit to an evaluation at ____ on the ____ day of ____, 20__, at __ o’clock ____(a.m./p.m.). ____ shall be permitted to be accompanied by one or more of their relatives, friends, an attorney, a personal physician, supporter, as defined in Section 5971, or other professional or religious advisor. The individual or individuals who accompany ____ may be present during the evaluation if so requested by ____. *Provision for Detention for Evaluation If the person fails or refuses to appear for evaluation when notified by order of this court, you are hereby directed to detain said ____ or cause them to be detained at ____ for a period no longer than 72 hours, excluding Saturdays, Sundays, and holidays if evaluation services are not available on those days, for the purposes of evaluation. I hereby direct that a copy of this order together with a copy of the petition be delivered to said person and their representative, if any, at the time of their notification; and I further authorize the service of this order at any hour of the day or night. Witness my hand, this ____ day of ____, 20__ _____ Judge of the Superior Court _____ *This paragraph is applicable only if the person to be evaluated fails or refuses to appear for evaluation after having been properly notified. Return of Order I hereby certify that I received the above order for the evaluation of ____ and on the ____ day of ____, 20__, personally served a copy of the order and of the petition on ____ and the professional person in charge of the ____, a facility for treatment and evaluation, or their designee. Dated: ____, 20__. _____ Signature and Title _____ SEC. 3. SEC. 2. Section 5211 of the Welfare and Institutions Code is amended to read: 5211. The report of a patient’s property required by Section 5210 to be made by the person taking the patient into custody for evaluation shall be in substantially the following form: Report of Officer I hereby report to the Superior Court for the County of _____ that the personal property of the person apprehended, described generally as ____ was preserved and safeguarded by ____ (Insert name of person taking person into custody, responsible relative, guardian, or conservator). That property is now located at ____. Dated: ____ 20__ _____ Signature and Title _____ SEC. 4. Section 5975 of the Welfare and Institutions Code is amended to read: 5975. The Judicial Council shall develop a mandatory form for use to file a CARE process petition with the court and any other forms necessary for the CARE process. The petition shall be signed under the penalty of perjury and contain all of the following: (a) The name of the respondent and, if known, the respondent’s address. (b) The petitioner’s relationship to the respondent. (c) Facts that support the petitioner’s assertion that the respondent meets the CARE criteria in Section 5972. (d) Either of the following: (1) An affidavit of a licensed behavioral health professional, including, for purposes of this section only, nurse practitioners as defined in Section 2835 of the Business and Professions Code and physician assistants as defined in subdivision (d) of Section 3501 of the Business and Professions Code, stating that the licensed behavioral health professional or their designee has examined the respondent within 60 days of the submission of the petition, or has made multiple attempts to examine, but has not been successful in eliciting the cooperation of the respondent to submit to an examination, within 60 days of the petition, and that the licensed behavioral health professional had determined that the respondent meets, or has reason to believe, explained with specificity in the affidavit, that the respondent meets the diagnostic criteria for CARE proceedings. (2) Evidence that the respondent was detained for a minimum of two intensive treatments pursuant to Article 4 (commencing with Section 5250) of Chapter 2 of Part 1, the most recent one within the previous 60 days. Evidence may include, but is not limited to, documentary evidence from the facility where the respondent was detained, or a signed declaration from the petitioner if the petitioner had personal knowledge of the detentions. (e) (1) If the petitioner believes that the person otherwise meets the CARE criteria but may not be willing or able to participate in the CARE process and a CARE plan or CARE agreement due to the severity of their mental disorder or lack of insight into their mental disorder, the petitioner may request that the court order a mental health evaluation under Article 2 (commencing with Section 5200) of Chapter 2 of Part 1 if the CARE petition is dismissed. (2) The Judicial Council shall include on the man [Text truncated for display. 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