CC SR 20220621 J - SB 1338 CARE Court
CITY COUNCIL MEETING DATE: 06/21/2022
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to authorize the Mayor to sign a letter of support for
Senate Bill No. (SB) 1338 (CARE Court).
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to sign a letter of support for SB 1338, which would establish
the Community Assistance, Recovery, and Empowerment (CARE) Court Program.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: McKenzie Bright, Administrative Analyst
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft letter in support of SB 1338 (page A-1)
B. Text of SB 1338 (as amended May 19, 2022)
BACKGROUND AND DISCUSSION:
On November 2, 2021, the City Council adopted the City’s 2022 Legislative Platform,
outlining the policy positions of the City.1 The platform includes the support of legislation
and programs that reduce the number of people experiencing homelessness by
promoting mental health and substance abuse services; providing emergency and
transitional housing; expanding permanent affordable/supportive housing; and promoting
self-empowerment through counseling, job training, and other supportive services for
those who suffer from mental health issues and/or substance abuse (2022 Legislative
Platform, item 3.B.).
1 The 2022 Legislative Platform and a record of the bills the City Council has taken a position on during
the 2021-2022 legislative session is available at rpvca.gov/LegislationCorner.
1
On March 3, 2022, Governor Newsom proposed creating mental health courts that would
mandate the provision of services to homeless people with severe behavioral and
addiction disorders. Under the plan, which requires approval by the Legislature in SB
1338, all counties would set up a mental health branch in civil court and provide treatment
to those in need of care. Persons would be obligated to accept the care or risk criminal
charges, if pending, and if care is not accepted, they would be subject to being held in
psychiatric programs involuntarily, or lengthier conservatorships.
SB 1338, introduced by Senator Tom Umberg (Orange County) and Senator Susan
Talamantes Eggman (Stockton) would establish the Community Assistance, Recovery,
and Empowerment (CARE) Court Program for the purpose of providing a court-ordered
CARE plan to individuals who have a severe mental illness, are not clinically stabilized in
ongoing treatment with the county behavioral health agency, and lack medical decision -
making criteria that includes behavioral health treatment services, a trained supporter to
assist the respondent in navigating the process, and identifies an appropriate housing
plan.
The CARE Court program seeks to provide a holistic approach to help individuals
suffering from severe mental health and substance use disorders, particularly those who
may be unhoused.
Opponents of the bill are concerned that it does not require housing
construction/development. In many counties, there are not enough beds to support the
number of unhoused persons within the existing system, and in particular through the
mandated “housing plan” through the CARE Court.
On July 20, 2021, after receiving a report on resources available for unhoused persons
and reporting/enforcement procedures, the City Council directed Staff, among other
things, to monitor for reforms to the conservatorship model in order to better provide
services to mentally ill unhoused persons.
Given the City Council’s direction, Staff recommends the City Council authorize the Mayor
to sign a letter in support of SB 1338 as drafted or with revisions.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Identify revised language to add to the letter.
2. Do not authorize the Mayor to sign the letter.
3. Take other action, as deemed appropriate.
2
June 21, 2022 Via Email
The Honorable Thomas Umberg
California State Senate
1021 O Street, Suite 6730
Sacramento, CA 95814
The Honorable Susan Talamantes
Eggman
California State Senate
1021 O Street, Suite 8530
Sacramento, CA 95814
SUBJECT: Notice of Support for SB 1338
Dear Senator Umberg and Senator Talamantes Eggman:
The City of Rancho Palos Verdes supports SB 1338, which would create the Community
Assistance, Recovery, and Empowerment (CARE) Court framework to provide individuals
with mental health and substance use disorders community-based care and services.
The proposal would require counties to provide mental health treatment, substance use
treatment, and housing to the most severely impaired and untreated Californians.
Individualized community-based care plans could help to provide vital services to those
in our communities most in need.
The City is supportive of policies that reduce the number of people experiencing
homelessness by promoting mental health and substance abuse services; provide
emergency and transitional housing; expand permanent affordable/supportive housing;
and promote self-empowerment through counseling, job training, and other supportive
services for those who suffer from mental health issues and/or substance abuse.
For these reasons, the City is supportive of the CARE Court framework and of SB 1338.
Sincerely,
David L. Bradley
Mayor, City of Rancho Palos Verdes
A-1
Senator Umberg and Senator Talamantes Eggman
June 21, 2022
Page 2
cc: Ben Allen, Senator, 26th State Senate District
Al Muratsuchi, Assemblymember, 66th State Assembly District
Jacki Bacharach, South Bay Cities Council of Governments
Jeff Kiernan, League of California Cities
Marcel Rodarte, California Contract Cities Association
Sharon Gonsalves, Renne Public Policy Group
Rancho Palos Verdes City Council and City Manager
A-2