SB 1221: Lanterman-Petris-Short Act: conservatorships.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

(1)Existing law, the Lanterman-Petris-Short (LPS) Act, authorizes the involuntary commitment and treatment of a person, when the person, as a result of a mental health disorder, is a danger to themselves or others, or is gravely disabled. For the purposes of these provisions, existing law defines “gravely disabled” as a condition in which a person, as a result of a mental health disorder, a severe substance use disorder, or a co-occurring mental health disorder and a severe substance use disorder, is unable to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care.

Existing law also authorizes a conservator of a person, estate, or person and the estate to be appointed for a person who is gravely disabled or impaired by chronic alcoholism, subject to specified procedures. Existing law provides the person for whom conservatorship is sought to have the right to demand a court or jury trial on the issue of whether the person is gravely disabled.

Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent, and establishes a process by which a defendant’s mental competency is evaluated.

This bill would prohibit a court, for purposes of LPS conservatorship, from determining a person’s ability to provide for their basic personal needs based solely on the fact that the person has temporary access to those basic personal needs while incarcerated. The bill would also authorize a district attorney to be present and represent public safety interests at any hearing to determine whether an individual is gravely disabled for purposes of the LPS Act.

Existing law requires the court to determine the most appropriate placement for a conservatee who is gravely disabled, as defined. Existing law requires the officer providing conservatorship investigation to investigate all available alternatives to conservatorship, as applicable, and to render to the court a comprehensive, written report of the investigation prior to the hearing, as specified.

This bill would authorize the district attorney to review all filed documents regarding the investigation, initiation, termination, or modification of, and to be present and represent public safety interests at all hearings that consider, a conservatorship of a person who is gravely disabled, as defined by being found mentally incompetent and meeting the above-described conditions, to provide input to the court about appropriate placement or interim placement by the public conservator. The bill would require a copy of the conservatorship investigation report to be transmitted to the district attorney if the investigation was initiated as part of a determination of mental competence for trial. The bill would authorize the district attorney, if the individual has been appointed a conservator under specified provisions, to challenge the recommendation of the public conservator after the conservatorship investigation for an abuse of discretion in a contested hearing before a judge. The bill would prohibit the district attorney from using the information contained in these reports in subsequent criminal proceedings, except as specified. To the extent the bill imposes a higher level of service on county agencies that prepare and transmit conservatorship investigation reports and on a district attorney to receive those reports, the bill would impose a state-mandated local program.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. May 14, 2026May 14 hearing: Held in committee and under submission.
2. May 8, 2026Set for hearing May 14.
3. May 4, 2026May 4 hearing: Placed on APPR. suspense file.
4. April 28, 2026Set for hearing May 4.
5. April 27, 2026Read second time and amended. Re-referred to Com. on APPR.
6. April 23, 2026From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 3983.) (April 21).
7. April 17, 2026Set for hearing April 21.
8. April 16, 2026Re-referred to Com. on PUB. S.
9. April 16, 2026Read second time and amended. Re-referred to Com. on RLS.
10. April 15, 2026From committee: Do pass as amended and re-refer to Com. on RLS. (Ayes 8. Noes 0. Page 3901.) (April 15).
11. April 13, 2026Set for hearing April 15.
12. April 6, 2026April 8 hearing postponed by committee.