SAN DIEGO (KGTV) - There’s a change coming to San Diego County.
“An expansion of the existing law for criteria for which someone can be held for a psychiatric hold; like some people call it a 5150,” Dr. Nicole Esposito of San Diego County said.
The behavioral health treatment reform was signed by Governor Gavin Newsom in late 2023 and it gave counties the ability to make the adjustments by 2026.
Starting this year, more people in San Diego County who need behavioral health help can possibly be involuntarily held for evaluation, treatment and possible conservatorship.
You might be wondering what does conservatorship mean?
“That they don’t have the capacity to decide for themselves that’s in their best interest for their health and well-being,” Cathryn Nacario, CEO of NAMI San Diego, said.
The change in the law is fairly straightforward.
“Historically we use the term ‘grave disability,’ for someone who couldn’t meet their needs for food, clothing and shelter,” Esposito said.
“The new expansion of the definition includes unable to care for your own personal safety as well as your medical needs. But also specifically calls out substance misuse disorders as well as alcoholism,” Nacario said.
She told ABC 10NEws they were involved in the conversations along with others from law enforcement and other partners in the county’s year-long implementation of the reform.
“Jewish Family Services have been providing tons of training for our law enforcement and hospital partners here in the community,” Nacario said.
Newsom’s office says this can be a tool to help address the homelessness crisis.
Locally, Nacario said there’s a conscious effort to not unfairly paint the unhoused with a broad brush.
“And completely linking mental health and behavioral health concerns as all people who are experiencing homelessness have that condition because that’s absolutely not the truth,” Nacario said.
NAMI San Diego’s CEO told ABC 10News there are some people do have those conditions.
“But we want to make sure we are not unduly, unfairly going into communities of color, vulnerable populations where there’s more higher visibility due to a lack of resources,” Nacario said.
San Diego County estimates, with the new changes, they'll see an increase of around 15 hundred more 3-day-involuntary holds than in previous years.
While the County said there’s been an expansion of being able to involuntarily hold someone, it tells me it wants to use this where there is that probable risk and carefully.
“It is always as soon as someone voluntary or willing to accept treatment, you cannot place a hold. So as soon as someone is happy to have this treatment or that service holds don’t apply. So that’s another guardrail,” Esposito said.
