Public Defender's Office Has 'Strong Concern' Over Gov's Approval Of Conservatorship Legislation

By Bay City News

The San Francisco Public Defender's office recently expressed "strong concern" about Gov. Gavin Newsom's approval of Senate Bill 43 -- legislation critics say will make it easier for the government to detain individuals in locked facilities who are mentally ill against their will.

SB 43, introduced by Sen. Susan Talamantes Eggman, D-Stockton, changes state conservatorship law to expand the definition of when a person is "gravely disabled," and can be involuntarily detained and conserved by authorities.

Conservatorship is a court proceeding in which a judge appoints a third party to direct the psychiatric treatment and finances of someone who has been deemed "gravely disabled."

San Francisco Mayor London Breed announced an "executive directive" last week to put SB 43 into practice as soon as possible.

"Over the last two years, we've advocated for these changes to state law to help people who cannot help themselves get the care and services they need," said Mayor London Breed on Tuesday. "I am directing all of our departments to work closely with the City Attorney's Office to ensure that there are no barriers to us getting this program into place and that we pursue all cases as aggressively as possible. There are too many people who are unwilling or unable to accept the help they need, and we need to get them into care immediately."

Deputy Public Defender Roberto Evangelista manages the SF Public Defender's Mental Health Unit spoke out against the new law in a statement released Friday.

"It defies logic that Gov. Newsom has made potentially thousands more individuals with mental illness eligible to be held against their will when our mental health treatment system is already overburdened and unable to care for those who have already been detained or conserved," he said.

"Patients face extensive wait times to access meager and appropriate treatment as it is. Individuals with mental health disabilities need more and better treatment opportunities in the community that support their independence and autonomy, not more confinement," Evangelista added.

The SF Public Defender's Mental Health Unit represents clients with mental health disabilities in both civil and criminal proceedings, including conservatorship hearings.

"SB 43's expansive and overbroad definition of 'gravely disabled' raises serious concerns that more people with mental health disabilities will lose their right to receive treatment in the community and will instead be warehoused in locked institutions in violation of the Americans with Disabilities Act (ADA)," said Deputy Public Defender Tal Klement in a statement Friday.

"The state's mental health treatment infrastructure needs drastic reform. However, bills like SB 43 that make it easier to contravene the ADA and people's civil rights are misguided. This is a step in the wrong direction," Klement added.

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Public Defender's Office Has 'Strong Concern' Over Gov's Approval Of Conservatorship Legislation