Cal Cities secures key amendments to CARE Court legislation as it advances to the Governor’s desk

SB 1338 passed out of the Senate Floor on Wednesday and is now headed to the Governor’s desk for his signature or veto. Cal Cities will submit a request for signature letter soon, which cities can sign on to.

This year, lawmakers introduced several bills that would expand access to behavioral health services, particularly for unhoused Californians. The most high-profile of these measures, SB 1338 (Umberg), passed out the Legislature today.  

If signed into law, SB 1338 would create the Community Assistance, Recovery, and Empowerment (CARE) Court Program. Following the adoption of several requested amendments, the League of California Cities moved to a support position for the bill.  

The CARE Court program aims to connect unsheltered Californians experiencing acute behavioral health needs with a court-ordered care plan managed by a care team in the community. These CARE plans could include clinically prescribed, individualized interventions with several supportive services, medication, and a housing plan.  

Over the last several months, Cal Cities secured several amendments to ensure the program’s effective implementation. Specifically, Cal Cities requested a phase-in approach to implementation, additional funding to get the program started, and a pathway for cities to participate in CARE plan negotiations. 

Last week, SB 1338 was amended to incorporate all of Cal Cities' requested changes. This measure now includes:  

• A two-year, phased-in implementation period. The first cohort of counties would implement the CARE Court program starting Oct. 1, 2023, with the remaining counties beginning implementation no later than Dec. 1, 2024. The first set of counties to implement the program would include Glenn, Orange, Riverside, San Diego, Stanislaus, and Tuolumne counties, as well as the county and city of San Francisco. This amendment is critical, as a well-executed program with adequate time to ramp up often creates a strong foundation for better outcomes for program participants. 
• Financial assistance program to counties for implementation. Lawmakers have proposed a $57 million assistance package, with $26 million specifically allocated to the first cohort of counties to implement the program.
• Clarification about the role of cities in the creation of CARE plans. A city can petition the court to be included in the creation of CARE plans if it agrees to provide services and support. This would allow cities to have a seat at the table for these negotiations if city programming is included in an individual’s CARE plan. 

Following these amendments, Cal Cities moved from a support if amended position to a support position. SB 1338 passed out of the Senate Floor on Wednesday and is now headed to Gov. Gavin Newsom’s desk for his signature or veto.

Cal Cities will submit a request for signature coalition letter shortly. If your city would like to sign on to the coalition letter and permit the use of your city logo on the letter, contact your regional public affairs manager by Friday, Sept. 2. A sample letter will also be available. 

For more information about Cal Cities' advocacy efforts on these bills, please contact Legislative Affairs Lobbyist Caroline Cirrincione.