BILL NUMBER: AB 745	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 26, 2015
	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly Member Chau

                        FEBRUARY 25, 2015

   An act to amend Section 5845 of the Welfare and Institutions Code,
relating to mental health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 745, as amended, Chau. Mental Health Services Oversight and
Accountability Commission.
    Existing law, the Mental Health Services Act, an initiative
measure enacted by the voters as Proposition 63 at the November 2,
2004, statewide general election, establishes the Mental Health
Services Oversight and Accountability Commission, and requires the
commission to consist of 16 voting members, including, among others,
two persons with a severe mental illness and a mental health
professional, all appointed by the Governor. The act may be amended
by the Legislature by a 2/3 vote of both houses and only so long as
the amendment is consistent with and furthers the intent of the act.
The Legislature may clarify procedures and terms of the act by
majority vote.
   The bill would require the Governor to appoint an additional
member to the commission who has experience providing supportive
housing to persons with a severe mental illness. The bill would state
the findings and declarations of the Legislature that this change is
consistent with and furthers the intent of the act.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5845 of the Welfare and Institutions Code is
amended to read:
   5845.  (a) The Mental Health Services Oversight and Accountability
Commission is hereby established to oversee Part 3 (commencing with
Section 5800), the Adult and Older Adult Mental Health System of Care
Act; Part 3.1 (commencing with Section 5820), Human Resources,
Education, and Training Programs; Part 3.2 (commencing with Section
5830), Innovative Programs; Part 3.6 (commencing with Section 5840),
Prevention and Early Intervention Programs; and Part 4 (commencing
with Section 5850), the Children's Mental Health Services Act. The
commission shall replace the advisory committee established pursuant
to Section 5814. The commission shall consist of 17 voting members as
follows:
   (1) The Attorney General or his or her designee.
   (2) The Superintendent of Public Instruction or his or her
designee.
   (3) The Chairperson of the Senate Health and Human Services
Committee or another member of the Senate selected by the President
pro Tempore of the Senate.
   (4) The Chairperson of the Assembly Health Committee or another
member of the Assembly selected by the Speaker of the Assembly.
   (5) Two persons with a severe mental illness, a family member of
an adult or senior with a severe mental illness, a family member of a
child who has or has had a severe mental illness, a physician
specializing in alcohol and drug treatment, a mental health
professional, a county sheriff, a superintendent of a school
district, a representative of a labor organization, a representative
of an employer with less than 500 employees and a representative of
an employer with more than 500 employees, a representative of a
health care services plan or insurer, and a person who has experience
providing supportive housing to persons with a severe mental
illness, all appointed by the Governor. In making appointments, the
Governor shall seek individuals who have had personal or family
experience with mental illness.
   (b) Members shall serve without compensation, but shall be
reimbursed for all actual and necessary expenses incurred in the
performance of their duties.
   (c) The term of each member shall be three years, to be staggered
so that approximately one-third of the appointments expire in each
year.
   (d) In carrying out its duties and responsibilities, the
commission may do all of the following:
   (1) Meet at least once each quarter at any time and location
convenient to the public as it may deem appropriate. All meetings of
the commission shall be open to the public.
   (2) Within the limit of funds allocated for these purposes,
pursuant to the laws and regulations governing state civil service,
employ staff, including any clerical, legal, and technical assistance
as may appear necessary. The commission shall administer its
operations separate and apart from the State Department of Health
Care Services and the California Health and Human Services Agency.
   (3) Establish technical advisory committees such as a committee of
consumers and family members.
   (4) Employ all other appropriate strategies necessary or
convenient to enable it to fully and adequately perform its duties
and exercise the powers expressly granted, notwithstanding any
authority expressly granted to any officer or employee of state
government.
   (5) Enter into contracts.
   (6) Obtain data and information from the State Department of
Health Care Services, the Office of Statewide Health Planning and
Development, or other state or local entities that receive Mental
Health Services Act funds, for the commission to utilize in its
oversight, review, training and technical assistance, accountability,
and evaluation capacity regarding projects and programs supported
with Mental Health Services Act funds.
   (7) Participate in the joint state-county decisionmaking process,
as contained in Section 4061, for training, technical assistance, and
regulatory resources to meet the mission and goals of the state's
mental health system.
   (8) Develop strategies to overcome stigma and discrimination, and
accomplish all other objectives of Part 3.2 (commencing with Section
5830), 3.6 (commencing with Section 5840), and the other provisions
of the act establishing this commission.
   (9) At any time, advise the Governor or the Legislature regarding
actions the state may take to improve care and services for people
with mental illness.
   (10) If the commission identifies a critical issue related to the
performance of a county mental health program, it may refer the issue
to the State Department of Health Care Services pursuant to Section
5655.
   (11) Assist in providing technical assistance to accomplish the
purposes of the Mental Health Services Act, Part 3 (commencing with
Section 5800), and Part 4 (commencing with Section 5850) in
collaboration with the State Department of Health Care Services and
in consultation with the  California Mental Health Directors
Association.   County Behavioral Health Directors
Association of California. 
   (12) Work in collaboration with the State Department of Health
Care Services and the California Mental Health Planning Council, and
in consultation with the  California Mental Health Directors
Association,   County Behavioral Health Directors
Association of California,  in designing a comprehensive joint
plan for a coordinated evaluation of client outcomes in the
community-based mental health system, including, but not limited to,
parts listed in subdivision (a). The California Health and Human
Services Agency shall lead this comprehensive joint plan effort.
  SEC. 2.  The Legislature finds and declares that this act is
consistent with and furthers the intent of the Mental Health Services
Act within the meaning of Section 18 of the Mental Health Services
Act.