SB 43 expands the definition of “grave disability,” making it much easier to involuntarily commit people to locked facilities for behavioral health reasons.

Background on the bill

DRC strongly opposes Senate Bill 43, which will significantly expand the government’s power to lock up people with mental health disabilities and substance use disorders. SB 43 takes resources away from community-based services and housing to fund locked institutions, disproportionately impacts communities of color, and makes it harder to fight conservatorship. 

SB 43 does not address the real needs of Californians living with mental health and substance use disorders. The state legislature should invest in community-defined, evidence-based services such as affordable and accessible housing and Assertive Community Treatment. 

Where is the bill now?

• SB 43 is on the Governor's desk for signature or veto
• SB 43 will be heard in Assembly Judiciary Committee on July 11, 2023. 

More Resources

• Supplemental Opposition Letter Providing Alternative Framework
• Printable Community Education factsheet

Latest News

• California wants to force drug users into treatment that doesn’t exist. There will be consequences - 06/17/2023 The San Francisco Chronicle 
• Editorial: Forcing treatment on mentally ill homeless people is a bad idea - 06/06/2023 Los Angeles Times
• Opposition Letter

Informational Videos

Clare Cortright, Policy Director for Cal Voices and a person with lived experience, testifies in opposition of SB 43 in Senate Health Committee, March 28, 2023

Community Education Talking Points 

SB 43 expands the definition of “grave disability” in California Welfare & Institutions Code § 5008(h), making it much easier to involuntarily commit people to locked facilities for behavioral health reasons. A coalition of disability organizations, civil rights organizations, and community-based organizations OPPOSE SB 43 for the following reasons: 

SB 43 makes it easier to lock people up. 

• SB 43 expands the ability to involuntary commit people to locked psychiatric facilities for behavioral health reasons. 
• Many individuals find locked psychiatric facilities traumatizing. 
• Individuals can be placed in restraints and forcibly injected with medications. 
• Locked psychiatric facilities are commonly described as loud, filthy, and overcrowded. 
• Involuntary commitment can lead to job loss, eviction, and loss of custody of children. 
• Individuals can be transferred out of county to locked psychiatric facilities far away. This makes it difficult for family members and loved-ones to visit. 
• Individuals held against their will who are uninsured or underinsured can be stuck with large medical bills. 

SB 43 takes resources away from community-based services and housing to fund for-profit corporations.  

• Many locked psychiatric facilities are private institutions run by for-profit corporations. 
• SB 43 will force resources to expensive locked facilities, leaving less to fund community-based mental health services and housing. 
• Private locked psychiatric facilities are financially incentivized to keep patients as long as they can continue to bill for them and for patients to be re-admitted. This can lead to longer stays and poor discharge planning. 

SB 43 disproportionately impacts communities of color. 

• SB 43 targets unhoused/unsheltered individuals, who are disproportionately people of color. 
• Black and Latinx Californians are over 50% more likely to be placed on a 5150. SB 43 will force more individuals of color to locked facilities. 
• SB 43 raises exposure to law enforcement engagement for people of color. 

SB 43 allows individuals to be locked in an institution for current or past drug use.  

• SB 43 drastically changes laws by allowing individuals to be involuntarily committed for substance use disorder alone. 
• Involuntary substance use treatment is not effective, resulting in more relapses and overdose deaths than voluntary treatment. 

SB 43 makes it harder to fight conservatorship. 

• SB 43 creates a hearsay exception for mental health conservatorship hearings. 
  • The court can use medical records to place someone on a conservatorship, without requiring the provider testify in court. 

How you can get involved!

• Contact your Assemblymember and tell them to oppose SB 43.
• SB 43 Lobbying Script (pdf)

Sign up to learn more about SB 43 and get involved.