California Gov. Gavin Newsom has signed a bill that makes it easier for authorities to compel treatment for people with mental illness or addiction issues. The proposal is partly aimed at addressing the state’s growing homelessness crisis.
It looks like they are also trying to implement funding for medical treatment as well, which is why the plan can be delayed up to two years.
But there are grey areas to being an immediate danger to themselves or others. If someone is walking into traffic because they are too high to be aware of their surroundings or a schizophrenic homeless man is randomly yelling at people in a park he lives in, there is a danger.
I would agree such people are a danger to themselves or others, but this law goes beyond that. Here’s the text of it if you’re interested. One need only be using drugs or alcohol or have a mental illness while being homeless.
Being “gravely disabled” means that someone is no longer able to provide for their own food, clothing, or shelter because of a mental health disorder. WIC § 5008(h). A person may be considered gravely disabled if, for instance, they are no longer eating enough to survive, or they have become unable to maintain housing.
So being homeless is being gravely disabled and can be used as a reason to forcibly commit the homeless if they use drugs or have a mental condition, regardless of whether they are a danger to themselves and others.
But it isn’t just being gravely disabled that puts you into custody.
And people keep asking for a kinder method, but what do you do when a person refuses the kinder method? From the looks of it, it sounds like California is trying to build the real housing staffed with social workers to go along with compulsory treatment.
Per your example, I would hope the state steps in to help the guy down on his luck. And if he says no to help due to depression and possibly starting to become suicidal, then it is absolutely a good idea for the state to force him to get treatment before he becomes worse.
How is letting him drink himself to death on the street the humane option?
This law might do more good than harm, I’m just concerned about its potential to be abused. Certainly there are a lot of homeless people who aren’t capable, need help, and aren’t getting it.
The law is definitely going to be used for surprise sobriety checks in cities as an excuse to begin to remove homeless encampments. However, it creates a standard of care to deal with some homeless as being sick instead of committing a crime.
It looks like they are also trying to implement funding for medical treatment as well, which is why the plan can be delayed up to two years.
But there are grey areas to being an immediate danger to themselves or others. If someone is walking into traffic because they are too high to be aware of their surroundings or a schizophrenic homeless man is randomly yelling at people in a park he lives in, there is a danger.
I would agree such people are a danger to themselves or others, but this law goes beyond that. Here’s the text of it if you’re interested. One need only be using drugs or alcohol or have a mental illness while being homeless.
What is a grave disability?
So being homeless is being gravely disabled and can be used as a reason to forcibly commit the homeless if they use drugs or have a mental condition, regardless of whether they are a danger to themselves and others.
But it is along with mental health issues or substance abuse problems. It isn’t like only being homeless gets you into custody.
And custody includes putting a roof over a person’s head.
I don’t see how leaving these people in their current condition is the humane option.
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But it isn’t just being gravely disabled that puts you into custody.
And people keep asking for a kinder method, but what do you do when a person refuses the kinder method? From the looks of it, it sounds like California is trying to build the real housing staffed with social workers to go along with compulsory treatment.
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Per your example, I would hope the state steps in to help the guy down on his luck. And if he says no to help due to depression and possibly starting to become suicidal, then it is absolutely a good idea for the state to force him to get treatment before he becomes worse.
How is letting him drink himself to death on the street the humane option?
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This law might do more good than harm, I’m just concerned about its potential to be abused. Certainly there are a lot of homeless people who aren’t capable, need help, and aren’t getting it.
The law is definitely going to be used for surprise sobriety checks in cities as an excuse to begin to remove homeless encampments. However, it creates a standard of care to deal with some homeless as being sick instead of committing a crime.