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Carlsbad police brief commission on SB 43 changes to mental-health detentions

Community Police Engagement Commission · October 21, 2024
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Chief Shipley told commissioners that SB 43 expands the 'gravely disabled' standard under W&I 5150 to include severe substance use disorder or co-occurring disorders, and described new training bulletins and mandatory video instruction for officers to document and apply the change.

The Carlsbad Police Department briefed the Community Police Engagement Commission on SB 43 and how it changes local practice for mental-health detentions. Chief Shipley said the law widens the "gravely disabled" definition under Welfare and Institutions Code 5150 to include severe substance use disorder or co-occurring mental-health and substance-use conditions. "This update of SB 43 amends gravely disabled to also extend to a person who as a result of some severe substance use disorder..." he said.

Shipley said the department issued a training bulletin, required a mandatory video produced for statewide guidance, and required personnel to acknowledge completion; records of the training are maintained in departmental training files. He noted that officers in the field may detain and transport people for medical evaluation, but that medical professionals, hospitals and clinical partners make treatment and hold decisions. "We're not the ones who are actually holding them. That is up to medical professionals because law enforcement officers are not medical professionals," he said.

Commissioners sought clarification about whether a 5150 detention constitutes an arrest. Shipley replied that it is a detention for medical evaluation rather than a criminal arrest; officers still complete reports and document interactions. Commissioners and staff discussed potential resource impacts: the department acknowledged that the expanded criteria could increase front-end emergency contacts and hospital evaluations and may strain a system already tight on beds and clinicians, even if it offers more pathways to treatment on the back end.

Shipley said the department will monitor how frequently the new authority is used locally and continue to coordinate with county and clinical partners on capacity and post-evaluation options.