Newsom goes to war with local governments slow to implement controversial law
Eden Villalovas
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Local leaders pushed back against Gov. Gavin Newsom‘s (D-CA) blasting of counties slow to implement a law allowing conservatorships for those with mental illness and addiction, forcing some into seeking treatment.
Newsom updated California’s conservatorship laws for the first time in over 50 years in October. Senate Bill 43 from Democratic state Sen. Susan Talamantes Eggman permits those “experiencing a serious mental illness or severe substance use disorder and most at-risk of harm to themselves” to have a conservator appointed.
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“The counties are the front lines of this battle to address the crisis of our time, and that’s what’s happening on the streets and sidewalks,” Newsom said Friday. “They have to do their job with a deeper sense of urgency. They have to recognize people are dying on their watch.”
While counties can enact the law in a couple of weeks, local leaders can postpone implementation until 2026. Senate Bill 43 expands the criteria for those who are “gravely disabled,” allowing for a broader group of people to be involuntarily hospitalized or placed in a conservatorship. The previous definition was “either a condition in which a person, as a result of a mental health disorder, is unable to provide for their basic personal needs for food, clothing, or shelter or has been found mentally incompetent.”
The new law includes “a condition in which a person, as a result of a severe substance use disorder, or a co-occurring mental health disorder” and those who are “unable to provide for their personal safety or necessary medical care” and an “inability of providing for personal safety or necessary medical care.”
Santa Clara County Executive James Williams pushed back against Newsom’s remarks, pointing out the bill did not come with any state funding, forcing an unfunded mandate on counties.
“The Governor’s comments do not accurately reflect the County’s thoughtful, comprehensive, and swift approach to the implementation of Senate Bill 43, which significantly expands the categories of people who may be conserved by the government,” Williams said. “The County has been a national leader in addressing the homelessness and mental health crises.”
Counties and healthcare officials have expressed concerns regarding overcrowded psychiatric facilities because the new law expands the category for those who can be involuntarily hospitalized.
On Dec. 5, the San Diego County Board of Supervisors narrowly voted 3-2 to delay the implementation of the law to January 2025, when it was originally set for Jan. 1, 2024.
In a letter to San Diego Board of Supervisors Chairwoman Nora Vargas supporting the delay, Scripps Health CEO Chris Van Gorder said the county needs more time to standardize new procedures and work with the community to implement the law.
“We don’t have the beds, the behavioral health beds in this county, we have half the beds we probably need, and that’s not going to be remedied in a year,” Van Gorder said.
San Diego mental health advocates expressed frustrations over the governor’s new policy, arguing Newsom is deflecting from the real problem — the housing crisis and lack of voluntary treatment programs.
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San Francisco Mayor London Breed said the city will be ready at the beginning of January, issuing an executive directive to city departments to work together to implement the new law.
“We are ready to get people struggling with addiction on our streets into treatment and save lives,” Breed said on Friday.