The bill amends the Health and Safety Code to revise the preliminary examination periods for mental health protective custody and the criteria for court-ordered mental health services. Specifically, it extends the maximum detention period for a preliminary examination from 48 hours to 72 hours, allowing for additional time if the period ends on a weekend or holiday. The bill also introduces new criteria for determining whether a proposed patient poses a substantial risk of harm to themselves or others, emphasizing the need for evidence of serious threats or behaviors, and expands the duration of temporary outpatient mental health services from 45 days to a maximum of 90 days, with the possibility of extending it to 180 days if necessary.
Additionally, the bill modifies the requirements for ordering extended inpatient mental health services, including the need for clear and convincing evidence of severe mental or physical deterioration that poses a substantial risk of impairment or injury to the proposed patient. The changes in law will apply to emergency detentions and court-ordered mental health service proceedings that occur on or after the effective date of the Act, which is set for September 1, 2025.
Statutes affected: Introduced: Health and Safety Code 573.021, Health and Safety Code 574.034, Health and Safety Code 574.0345, Health and Safety Code 574.035 (Health and Safety Code 573, Health and Safety Code 574)