AB2405 - Mental health.

Enrolled September 01, 2026 Passed IN Senate August 25, 2026 Passed IN Assembly August 27, 2026 Amended IN Senate August 13, 2026 Amended IN Senate June 25, 2026 Amended IN Assembly May 18, 2026 Amended IN Assembly April 16, 2026 Amended IN Assembly March 23, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 2405 Introduced by Assembly Member Gipson February 20, 2026 An act to add Section 5150.3 to the Welfare and Institutions Code, relating to mental health. LEGISLATIVE COUNSEL'S DIGEST AB 2405, Gipson. Mental health. Under existing law, when a person, as a result of a mental disorder, is a danger to others or to themselves, or is gravely disabled, they may, upon probable cause, be taken into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment, as specified. Existing law prohibits mental health personnel from instructing a peace officer to take a person to, or keep the person at, a jail, solely because of the unavailability of an acute bed. This bill would require a peace officer who is transporting the above-described person to a designated facility for assessment to transport the person to the closest appropriate designated facility, either geographically or by time, from where the peace officer took the person into custody, as specified. If a person is being transported by a peace officer to a designated facility for assessment, the bill would authorize the person to affirmatively express their preference to the peace officer regarding the facility that they would prefer the peace officer to take them. By requiring a higher level of service from local law enforcement, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 5150.3 is added to the Welfare and Institutions Code, to read: 5150.3. (a) A peace officer who is transporting a person to a designated facility for assessment pursuant to Section 5150 shall transport the person to the closest appropriate designated facility, geographically or by time, from where the peace officer took the person into custody. (b) If an emergency department is the most appropriate destination, the person shall be transported to the closest appropriate emergency department, geographically or by time, from where the peace officer took the person into custody. (c) (1) If a person is being transported by a peace officer to a designated facility for assessment pursuant to Section 5150, the person may affirmatively express their preference to the peace officer regarding the facility that they would prefer the peace officer to take them. (2) A peace officer may consider a person’s affirmatively expressed preference, as described in paragraph (1), but transport shall not unreasonably delay care or excessively deviate from the closest appropriate destination. (d) This section does not prevent a peace officer from following written local behavioral health diversion, transportation, and destination policies or agreements. (e) This section does not apply to either of the following: (1) The Department of Corrections and Rehabilitation. (2) California Correctional Health Care Services. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.