San Francisco Chronicle editorial supporting California law for involuntary commitment: Pass Laura's Law 07 31 02

Based on New York's "Kendra's Law," AB 1421 achieves a delicate balance between a society's responsibility to protect the safety of its citizens and an individual's right to absolute freedom.

WANDER THROUGH the streets of San Francisco and you'll inevitably encounter homeless people who are severely mentally ill. Many are harmless, but are unable to care for themselves. Some are suicidal or homicidal, but they, too, cannot be compelled to accept treatment.

This is because California passed legislation nearly 30 years ago that, with the best of intentions, had the unintended consequence of making it almost impossible for a judge, family member or physician to order a mentally ill person to accept treatment and medication, even on an outpatient basis. In short, it veered way too far on the side of protecting the rights of the individual.

Assemblywoman Helen Thomson, D-Davis, is a woman with a mission and has worked tirelessly to bring California's mental health laws into the 21st century. Next week, "Laura's Law," a bill that Thomson has sponsored, will be considered by the Senate Judiciary Committee.

The law (AB1421) is named after Laura Wilcox, a 19-year-old high school valedictorian who was killed on Jan. 10, 2001, by Scott Harlan Thorpe, a 41- year-old Northern California man who suffered from serious delusional paranoia.

Although his family tried to persuade him to accept treatment and medication, he refused. On that fateful day, Thorpe went on a rampage and gunned down Laura Wilcox.

Every day, police officers and mental health workers encounter homeless people who are suicidal or homicidal. The law permits short psychiatric hospitalizations, but it prevents courts from offering the alternative of outpatient treatment and medication. AB1421 would permit a judge to order outpatient treatment for people who don't realize the gravity of their illness.

Some people worry that "Laura's Law" would grant the state too much power. This is a legitimate concern. Thomson's legislation, however, guarantees due process rights and prevents involuntary medication unless family and mental health professionals are first consulted. Based on New York's "Kendra's Law," AB1421 achieves a delicate balance between a society's responsibility to protect the safety of its citizens and an individual's right to absolute freedom.

Last year, the Assembly passed AB1421 by a nearly unanimous vote. This year, the Senate Health and Human Services Committee passed the legislation in a 7- 0 vote. But committee members amended AB1421 so drastically that they effectively gutted the legislation.

The original "Laura's Law" would decrease human suffering by caring for people who suffer from severe mental illness and by preventing them from harming themselves or innocent bystanders.

We strongly urge members of the Judiciary Committee to restore and pass AB1421 as it was proposed by Assemblywoman Thomson.

Express your view. E-mail Sen. Martha Escutia, Chair of Judiciary Committee, at [email protected]. State senators' e-mail addresses are available at: http://ww.sen.ca.gov/