Which Is It, Governor?

by Paul Simmons | Jul 29, 2022 | Care Court

Governor Newsom, as most people have heard by now, has proposed a vast new program called CARE COURT.

In this proposal, individuals with mental health challenges or substance use disorders are forced into a new Court system instead of treatment. And those who are unhoused/homeless are forced into that same Court system instead of providing housing for them.

CARE Court constitutes forced treatment: any behavioral health service, support, or treatment that is not entered into 100% voluntarily with informed consent by the participant. Forced treatment can occur in both inpatient and community-based treatment settings. Coercion or force can also take the form of perceived coercion—fear by the individual that noncompliance will result in compelled, forced, or court-ordered treatment—often referred to as “shadow compulsion” or “the black robe effect.” Coercion can also be present if an individual fears they will lose housing or other services if they do not accept treatment.  Providing individuals with a petition, subpoena, ticket, or other legal documentation that compels their attendance before a judge is forced simply because there is nothing about a court that is voluntary. Judges, lawyers, or court orders is what all involuntary programs have in common. The fact that an individual is mandated to accept outpatient community-based care, in programs like CARE Court, does not negate the fact that the care received constitutes forced treatment.

It is clear that coercion is counter-productive, and in fact causes trauma – which makes the situation worse than ever by traumatizing the patient, rather than helping them.

AND GOVERNOR NEWSOM KNOWS THIS. Here’s what he wrote just last year in his veto message for AB 1452:

“I understand the importance of developing programs that can divert individuals away from the criminal justice system, but coerced treatment . . . is not the answer. While this [program] would give a person the choice between incarceration and treatment, I am concerned that this is a false choice that effectively leads to forced treatment. I am especially concerned about the effects of such treatment, given that evidence has shown coerced treatment hinders participants’ long-term recovery from their . . . disorder. For these reasons, I am not able to sign this legislation.“

The governor needs to think back a whole year and remember that he opposes forced treatment. . . remember what he said were his core values and STOP Care Court.