The recent expansion of conservatorship laws in San Diego via Senate Bill 43 will greatly affect those with addiction. Meant to force people to get treatment for their substance use issues or mental health disorders, the law expands conservatorship criteria. This includes those with severe substance use disorders. The premise of the law is that they can’t ensure their own safety or access necessary medical care.

Activists in the disability and addiction recovery communities worry about the law. They fear it could be misused and take away human rights.

Conservatorship Law’s Potential Impacts on Addicted People:

  1. Increased Involuntary Treatment: The law expands the state’s definition of “gravely disabled,” which means that people who suffer from addiction, which is considered lifelong and chronic, could be placed under conservatorships, leading to involuntary commitment to treatment programs. While the law aims to break the cycle of addiction and reduce the effects of active addiction, there is no clear evidence that forced treatment works.
  2. Strain on Treatment Facilities: The broadened criteria could lead to an influx of treatment patients. People pulled in off the street are often indigent and are paid for by Medi-Cal, California’s Medicare system. The new patients are expected to increase the demand for addiction treatment services, which could lead to a shortage of beds. San Diego County has been preparing for this by planning to open additional residential treatment and detox beds, but they are not yet available.
  3. Short-Term Holds and Hospitalizations: Officials anticipate a rise in short-term involuntary holds, where law enforcement may bring individuals struggling with addiction to hospitals for up to 72 hours. The problem with this approach is that there is often a shortage of detox or treatment beds, and if nothing is immediately available, patients may be put back onto the street or even committed psychiatrically until there is a bed.
  4. Legal and Ethical Considerations: Expanding conservatorship laws to encompass those with substance use disorders raises important questions about personal autonomy and the ethics of involuntary treatment. Many people in recovery say they were not able to get sober until they were ready. Forced treatment can feel like a prison and make some people less receptive to getting the help they need. Balancing individual rights with the need for care is a complex issue that continues to be debated among policymakers and advocates. Only time will tell how these issues play out with this new conservatorship law.

The new conservatorship laws in San Diego aim to provide necessary interventions for individuals with severe addictions. Success, however may depend on the availability of treatment resources.

Conservator Law’s Broader Implications Within San Diego

Homelessness and addiction are closely related issues, creating complex challenges for local governments. In San Diego, about 10,000 people fit the definition of homelessness each night. Many people who sleep outdoors live with mental health and addiction challenges.  Without support, they often move through life going in and out of ERs, jails, and shelters.

While the expansion of conservatorship laws is intended to help vulnerable populations, San Diego faces a stark shortage of addiction treatment resources. As of December 2024, county officials admitted that promised residential treatment and detox beds were not yet operational, leaving many without access to care.

Expanding care means it is necessary to increase access to treatment. Without more treatment beds, there’s a danger of warehousing people and leaving them without care. No one gets clean through a revolving door; there must be resources, counseling, and therapy available for people struggling with addiction.

Moving Forward To Help Addicted People

The new conservatorship laws aim to help those in need. However, success isn’t a given and depends on fixing systemic issues. Resource shortages, poor public education on addiction, and poor government help and coordination can all contribute to the cycles many addicted people face. If there are no beds in a treatment center, most people aren’t able to get sober.

The law may help some with immediate needs. But critics say it can’t replace long-term solutions. Systemic issues will not go away and must be a part of the package. The issues that must be solved include affordable housing and better access to voluntary treatment programs.

San Diego’s addiction and homelessness issues reflect national problems. The struggle is not unique, but hopefully, the resolve to find answers is. They show the clash between policy reforms and limited resources. Ethical debates complicate the situation but they must continue until the solutions are able to meet the new the new law creates.

Getting Help for Addiction

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No matter what drug you used, how much you used it, or what you have done because of your addiction, there is help available. Learn more about your options today.