CSAP has a new sponsored bill, SB 1184 (Eggman), which is now in print. SB 1184 proposes to modify Welfare and Institutions Code (WIC) 5336 (Riese Hearings) such that the timeframe covered by judicial determination of incapacity to refuse treatment with antipsychotic medication applies to all periods of involuntary detention, not just the specific phase of involuntary detention under which the Riese was filed, thereby minimizing redundant additional Riese hearings and the dangers of clinically contraindicated interruption of medication treatment.
Local California Superior Court Departments in many Counties enforce “local rules” that limit the Riese power to the phase of the involuntary detention, requiring discontinuation of involuntary treatment, and redundant submittal of Riese petition (and hearings) at the conclusion of a 14 day hold for patients that continue to be detained under WIC 5270.15. (30 day hold), and again under 5270.55 (second 30 day hold). Note that these local rules may also apply to other involuntary detentions (second 14-day, 180-day, temporary conservatorships). Continued detention under WIC 5270.15 and 5270.55 is often a necessity to preclude discharge of an unstable gravely disabled individual from inpatient hospitalization during lengthy public guardian investigations prior to hearings for petition for temporary conservatorship. Local rules can lead to a mandatory but clinically contraindicated discontinuation of medication treatment during LPS detention while another Riese hearing is scheduled, and a court decision is awaited.
