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Board directs conservatorship filings to city attorney, signals staffing and funding plans
Summary
The Board of Supervisors on May 1 adopted an ordinance on first reading to amend the San Francisco Health Code so the City Attorney, rather than the District Attorney, would institute conservatorship proceedings under the Lanterman-Petris-Short Act; the board expressed intent to add staff and appropriate funds for that work.
San Francisco9s Board of Supervisors on May 1 adopted an ordinance on first reading to amend the Health Code to designate the City Attorney9s Office, rather than the District Attorney, to file conservatorship proceedings under the Lanterman-Petris-Short (LPS) law.
Supporters said the change is aimed at treating serious mental illness as a civil, treatment-oriented matter rather than a criminal matter. The ordinance also expresses the board9s intention to add positions to the City Attorney9s Office and appropriate funds for that work.
The measure9s sponsor told the board the city faces "a severe mental health challenge" and that conservatorships can help people get treatment and shelter when they cannot meet basic needs. The sponsor said these matters should be handled as civil proceedings, not criminal cases, and described the transfer as part of efforts to 9cdecriminalize mental health issues9d and link people to services.
The legislation was sent forward with praise for collaboration: the sponsor thanked City Attorney Dennis Herrera, District Attorney George Gascf3n and Department of Public Health Director Barbara Garcia, and listed Supervisors Sheehy and Kim as cosponsors.
The board adopted the ordinance unanimously on first reading using the "same house, same call" procedure; the item will return for a second reading as required by law.
What happens next: The ordinance as passed on first reading signals staffing and budget planning to give the City Attorney9s Office the capacity to prosecute LPS conservatorship petitions. The schedule for any specific hires or budget appropriations was not specified at the hearing.
Ending: The board9s vote moves the jurisdictional handle on conservatorship petitions from the DA9s office to the City Attorney9s office in an effort supervisors said will emphasize civil treatment and access to services. The ordinance was adopted unanimously on first reading and will come back for a required second reading and final adoption vote.
