Senate Bill 1338, co-authored by Senators Thomas Umberg (D-Santa Ana) and Susan Talamantes Eggman (D-Stockton), is the Legislature’s vehicle for the Governor's Community Assistance, Recovery, and Empowerment (CARE) Court proposal. This week, the measure passed the Senate Judiciary and Health Committees and is now headed back to the Senate Appropriations Committee where it is scheduled for hearing in early May. The authors of SB 1338 and California Health and Human Services Agency Secretary Dr. Ghaly stated the bill is a work in progress, and they will continue to engage with stakeholders as the bill moves forward through the legislative process.

RCRC, CSAC, the Urban Counties of California (UCC), the County Behavioral Health Directors Association (CBHDA), and county partners have raised concerns with new county responsibilities, proposed sanctions, lack of funding, workforce shortages, and housing supply issues that directly impact counties' ability to implement the current CARE Court proposal. 

RCRC is working closely with the county coalition to develop draft amendments that address the following top priorities: 

  • Funding: The current proposal does not include funding for county behavioral health, public defenders, and county public guardians/conservators. The Governor has stated a trailer bill will be introduced and contain funding for the courts, but has not yet committed to fund new county responsibilities.

  • Sanctions: The proposal includes signification sanctions on counties for this proposed program they lack authority, funding, and the workforce to implement. The county coalition is developing alternative language to address the concerns around sanctions.  

  • Housing: SB 1338 requires a housing plan for participants, and legislators have made it clear that providing CARE Court participants with housing is a top priority. To address some housing concerns, the county coalition is exploring requirements for local governments (counties, cities, Continuums of Care) that have received state funds for homeless and other housing programs to prioritize this population and accept placements when available.  

  • Eligibility: The Administration estimates that 7,000-12,000 individuals statewide would be eligible for CARE Court. RCRC is reviewing the eligibility criteria and petition process to determine whether additional screening mechanisms would help to decrease new administrative burdens by ensuring that only the people likely to meet CARE criteria proceed with the court process. 

  • Implementation: The scale, lack of housing, and workforce shortages will make implementation a challenge in many rural counties. Taking into account that county readiness looks different statewide, the coalition is developing options to phase in the program.. Many of the State's recent budget investments for housing, behavioral health, and workforce development that could support CARE Court are still in the early stages of deployment and have not fully materialized.  

RCRC urges members to engage with their legislative representatives on the key areas of concern for counties. The latest joint county coalition letter on SB 1338 can be viewed here.