Lanterman Petris Short (LPS) Act

Update on Solano BH's process for LPS Reform, also known as SB43:
The Lanterman-Petris-Short (LPS) Act (Welfare and Institutions Code section 5100, et seq.) provides for the evaluation and treatment of a person who is gravely disabled, which is defined to mean a condition in which a person, as a result of a mental health disorder, is unable to provide for his or her basic personal needs for food, clothing, or shelter. The responsibility for administering the LPS system falls largely with counties. Senate Bill 43 (2023-2024 Reg. Session), Statutes 2023, Chapter 637 (SB 43), signed by the Governor on October 10, 2023, expanded the definition of gravely disabled to include a person who, as a result of a mental health disorder, a severe substance use disorder, or a co-occurring mental health disorder and a severe substance use disorder, or as a result of impairment by chronic alcoholism, is unable to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care. SB43 allows that the expanded definition of gravely disabled becomes effective on January 1, 2024 or can be deferred to 2026 if a county, by adoption of a resolution of its governing body, elects to defer implementation, thereby postponing implementation of the new definition of grave disability.

On December 5, 2023, the Solano County Board of Supervisors elected to defer implementation of changes in Senate Bill (SB) 43 until January 1, 2026 upon recommendation from Solano Behavioral Health. Consequently, we will not be using the expanded definition of grave disability outlined in SB 43 nor will we honor involuntary holds for 5150/5585s for this new population at this time. Please refer to the Board Resolution attached.

SB 43’s expansion of the definition of grave disability will require a significant effort in building and expanding the treatment, workforce, delivery networks, housing capacity and models for locked treatment settings or models of care for involuntary SUD treatment to successfully meet the conservatorship needs of the population. The breadth of this effort requires more time than SB 43’s effective date allows. To support training and policy changes, Solano County BH will form a workgroup for our LPS/PES implementation early in the Spring and invited interested partners after discussion in our standing LPS committee. Email [email protected] with any questions.