BILL ANALYSIS                                                                                                                                                                                                    







                      SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Mark Leno, Chair                S
                             2009-2010 Regular Session               B

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          SB 110 (Liu)                                                
          As Amended March 25, 2009 
          Hearing date:  April 14, 2009
          Penal Code; Welfare and Institutions Code
          MK:br

                      PEOPLE WITH DISABILITIES; VICITMS OF CRIME  

                                       HISTORY

          Source:  The Arc of California

          Prior Legislation: AB 2038 (Lieber) - 2008, held in Senate  
          Appropriations

           Support: Disability Rights California; California Partnership  
                   to End Domestic Violence; Sacramento Homeless  
                   Organizing Committee; The Arc South Bay; Aging Services  
                   of California; Orange County Arc; Housing Now;  
                   Sacramento Housing Alliance; The Arc of Riverside  
                   County; Crime Victims United of California; Congress of  
                   California Seniors; Sacramento Loaves & Fishes;  
                   California Church IMPACT; California Coalition Against  
                   Sexual Assault; Crime Victims Action Alliance

          Opposition:None known


                                      KEY ISSUES
           
          SHOULD A NONLICENSED SERVICE PROVIDER WITH A VENDOR RELATIONSHIP  
          WITH A REGIONAL CENTER BE PERMITTED TO HAVE CRIMINAL BACKGROUND  
          CHECKS DONE FOR THEIR EMPLOYEES AND VOLUNTEERS?




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          SHOULD DOJ BE REQUIRED TO SEND OUT A BULLETIN TO LAW ENFORCEMENT  
          AGENCIES CONTAINING SPECIFIED INFORMATION REGARDING CRIMES  
          AGAINST PERSONS WITH DISABILITIES?

                                                                (CONTINUED)



          SHOULD SPECIFIED LAWS RELATING TO DEATH REVIEW TEAMS BE AMENDED TO  
          INCLUDE THE COLLECTION OF INFORMATION ABOUT DEATHS OF PEOPLE WITH  
          DISABILITIES?

          SHOULD SPECIFIED CHANGES BE MADE TO POST TRAINING REGARDING CRIMES  
          AGAINST THE HOMELESS OR AGAINST PEOPLE WITH DISABILITIES?

          SHOULD A THINK TANK BE CREATED IN THE CALIFORNIA EMERGENCY  
          MANAGEMENT AGENCY TO CONVENE A MEETING OF VARIOUS GROUPS INTERESTED  
          IN PERSONS WITH DISABILITIES TO SUGGEST PROCEDURES FOR AGENCIES TO  
          ADOPT AND CHANGES FOR THE LEGISLATURE TO MAKE REGARDING CRIMES  
          AGAINST PERSONS WITH DISABILITIES?


                                       PURPOSE

          The purpose of this bill is to make numerous technical and  
          substantive changes regarding provisions of laws relating to  
          crimes against persons with disabilities.
          
           Existing law  provides that the Legislature finds and declares  
          that crimes against elders and  dependent adults are deserving  
          of special consideration and protection, not unlike the special  
          protections provided for minor children, because elders and  
          dependent adults may be confused, on various medications,  
          mentally or physically impaired, or incompetent, and therefore  
          less able to protect  themselves, to understand or report  
          criminal conduct, or to testify in court proceedings on their  
          own behalf.  (Penal Code  368 (a).)

           Existing law  provides that any person who knows or reasonably  




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                                                               SB 110 (Liu)
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          should know that a person is an elder or dependent adult and  
          who, under circumstances or conditions likely to produce great  
          bodily harm or death, willfully causes or permits any elder or  
          dependent adult to suffer, or inflicts thereon unjustifiable  
          physical pain or mental suffering, or having the care or custody  
          of any elder or dependent adult, willfully causes or permits the  
          person or health of the elder or dependent adult to be injured,  
          or willfully causes or permits the elder or dependent adult to  
          be placed in a situation in which his or her person or health is  
          endangered, is punishable by imprisonment in a county jail not  
          exceeding one year, or by a fine not to exceed $6000, or by both  
          that fine and imprisonment, or by imprisonment in the state  
          prison for 2, 3, or 4 years.  (Penal Code  368 (b)(1).)

           Existing law  provides that if in the commission of an offense  
          described in Penal Code Section 368 (b)(1), the victim suffers  
          great bodily injury, as defined in Section 12022.7, the  
          defendant shall receive an additional term in the state prison  
          as follows:

            (A)   Three years if the victim is under 70 years of age.
            (B)   Five years if the victim is 70 years of age or older.   
            (Penal Code  368 (b)(2).)

           Existing law provides that if in the commission of a specified  
          offense, the defendant proximately causes the death of the  
          victim, the defendant shall receive an additional term in the  
          state prison as follows:

            (A)   Five years if the victim is under 70 years of age.
            (B)   Seven years if the victim is 70 years of age or older.   
            (Penal Code  368 (b)(3).)

           Existing law  provides that any person who knows or reasonably  
          should know that a person is an elder or dependent adult and  
          who, under circumstances or conditions other than those likely  
          to produce great bodily harm or death, willfully causes or  
          permits any elder or dependent adult to suffer, or inflicts  
          thereon unjustifiable physical pain or mental suffering, or  
          having the care or custody of any elder or dependent adult,  




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          willfully causes or permits the person or health of the elder or  
          dependent adult to be injured or willfully causes or permits the  
          elder or dependent adult to be placed in a situation in which  
          his or her person or health may be endangered, is guilty of a  
          misdemeanor.  A second or subsequent violation of this  
          subdivision is punishable by a fine not to exceed $2000, or by  
          imprisonment in a county jail not to exceed one year, or by both  
          that fine and imprisonment.  (Penal Code  368 (c).)

           Existing law  provides that any person who is not a caretaker who  
          violates any provision of law proscribing theft, embezzlement,  
          forgery, or fraud, or who violates Section 530.5 proscribing  
          identity theft, with respect to the property or personal  
          identifying information of an elder or a dependent adult, and  
          who knows or reasonably should know that the victim is an elder  
          or a dependent adult, is punishable by imprisonment in a county  
          jail not exceeding one year, or in the state prison for 2, 3, or  
          4 years, when the moneys, labor, goods, services, or real or  
          personal property taken or obtained is of a value exceeding  
          $400; and by a fine not exceeding $1000, by imprisonment in a  
          county jail not exceeding one year, or by both that fine and  
          imprisonment, when the moneys, labor, goods, services, or real  
          or personal property taken or obtained is of a value not  
          exceeding $400.  (Penal Code  368 (d).)

           Existing law  provides that any caretaker of an elder or a  
          dependent adult who violates any provision of law proscribing  
          theft, embezzlement, forgery, or fraud, or who violates
          Section 530.5 proscribing identity theft, with respect to the  
          property or personal identifying information of that elder or  
          dependent adult, is punishable by imprisonment in a county jail  
          not exceeding one year, or in the state prison for 2, 3, or 4  
          years when the moneys, labor, goods, services, or real or  
          personal property taken or obtained is of a value exceeding  
          $400, and by a fine not exceeding $1000, by imprisonment in a  
          county jail not exceeding one year, or by both that fine and  
          imprisonment, when the  moneys, labor, goods, services, or real  
          or personal property taken or obtained is of a value not  
          exceeding $400.  (Penal Code  368 (e).)





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           Existing law  provides that any person who commits the false  
          imprisonment of an elder or a dependent adult by the use of  
          violence, menace, fraud, or deceit is punishable by imprisonment  
          in the state prison for 2, 3, or 4 years.  (Penal Code  368  
          (f).)
           
           Existing law  provides that as used in Penal Code Section 368:

                 "Elder" means any person who is 65 years of age  
               or older.
                 "Dependent adult" means any person who is  
               between the ages of 18 and 64, who has physical or  
               mental limitations which restrict his or her  
               ability to carry out normal activities or to  
               protect his or her rights, including, but not  
               limited to, persons who have physical or  
               developmental disabilities or whose physical or  
               mental abilities have diminished because of age.   
               "Dependent adult" includes any person between the  
               ages of 18 and 64 who is admitted as an inpatient  
               to a 24-hour health facility, as defined in  
               Sections 1250, 1250.2, and 1250.3 of the Health  
               and Safety Code.
                 "Caretaker" means any person who has the care,  
               custody, or control of, or who stands in a  
               position of trust with, an elder or a dependent  
               adult.  (Penal Code  368 (g, h, and i).)

           Existing law  provides that nothing in this section shall  
          preclude prosecution under both this section and Section 187  
          or 12022.7 or any other provision of law.  However, a person  
          shall not receive an additional term of imprisonment under  
          both paragraphs (2) and (3) of subdivision (b) for any single  
          offense, nor shall a person receive an additional term of  
          imprisonment under both Section 12022.7 and paragraph (2) or  
          (3) of subdivision (b) for any single offense.  (Penal Code   
          368 (j).)

           Existing law  provides that in any case in which a person is  
          convicted of violating these provisions, the court may require  




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          him or her to receive appropriate counseling as a condition of  
          probation.  Any defendant ordered to be placed in a counseling  
          program shall be responsible for paying the expense of his or  
          her participation in the counseling program as determined by  
          the court.  The court shall take into consideration the  
          ability of the defendant to pay, and no defendant shall be  
          denied probation because of his or her inability to pay.   
          (Penal Code  368 (k).)

           This bill  provides that local law enforcement agencies, and  
          state law enforcement agencies with jurisdiction, have  
          concurrent jurisdiction for investigation of elder and dependent  
          adult abuse. Adult protective services agencies and the local  
          long-term care ombudsman programs also have jurisdiction to  
          investigate elder and dependent adult abuse within their  
          statutory authority.

           This bill  provides that the Legislature strongly encourages law  
          enforcement agencies to cooperate with adult protective services  
          agencies, local long-term care ombudsman programs, the  
          protection and advocacy agency that the Governor designates  
          pursuant to Section 4900 of the Welfare and Institutions Code,  
          and all other agencies carrying out their statutory  
          responsibilities or otherwise serving victims. However, law  
          enforcement agencies shall retain ultimate responsibility for  
          criminal investigations.


           This bill  provides that in any case in which a law enforcement  
          agency with jurisdiction determines that there is reasonable  
          suspicion of abuse or other crime against an elder or dependent  
          adult, the law enforcement agency may direct the adult  
          protective services agency or local long-term care ombudsman  
          program to take a supportive role in the investigation until the  
          criminal phase of the investigation is complete. Nothing in this  
          subdivision prevents an adult protective services agency or  
          local long-term care ombudsman program from providing services  
          to the victim or engaging in any other activity that does not  
          interfere with or compromise a criminal investigation. 





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           This bill  provides that by February 1, 2010, the Department of  
          Justice shall electronically send a bulletin to the executive of  
          each state and local law enforcement agency and to each district  
          attorney.  The content of the bulletin shall include, but not be  
          limited to, each of the following sections, entitled as follows:

                  New Law:  Importance and Urgency  .  This section  
               shall include a statement of the importance and  
               urgency that the law now places on arresting and  
               convicting criminals who commit crimes against victims  
               with disabilities and on assisting their victims,  
               demonstrated by enactment of the Crime Victims with  
               Disabilities Act (Assembly Bill 2038) of 2008.

                  An Invisible Epidemic  .  This section shall quote  
               the findings of subdivisions (g) to (k) inclusive  
               Section 2 of the Crime Victims with Disabilities Act  
               of 2009.

                  Requirements and Recommendations  .  This section  
               shall include the following requirements and  
               recommendations for law enforcement agencies and  
               district attorneys:

               (A)      The requirement that state law enforcement  
               agencies provide training to their peace officers  
               using the telecourse "Crime Victims with Disabilities"  
               pursuant to subdivision (a) of Section 13519.65.

               (B)      The strong encouragement that local law  
               enforcement agencies provide the training to their  
               officers using the telecourse "Crime Victims with  
               Disabilities," and that they provide this training in  
               conjunction with people with disabilities and local  
               agencies and organizations that serve and advocate for  
               people with disabilities and that they invite people  
               with disabilities and those local organizations to  
               attend the training sessions and discuss the problems  
               with the agency's officers, pursuant to subdivision  
               (b) of Section 13519.65.




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               (C)      The requirement that every city police  
               officer or deputy sheriff at a supervisory level and  
               below who is assigned field or investigative duties  
               shall complete an elder and dependant adult abuse  
               training certified by the Commission on Peace Officer  
               Standards and Training within 18 months of assignment  
               to field duties, pursuant to Section 13515.

               (D)      The requirement that law enforcement agencies  
               cross-report elder and dependant adult abuse to adult  
               protective services agencies, local long-term care  
               ombudsman programs, and state agencies, pursuant to  
               Section 15650 of the Welfare and Institutions Code.

               (E)      The requirement that local law enforcement  
               agencies provide the telecourse "Law Enforcement  
               Response to Homelessness Update" to their officers,  
               and the strong encouragement that local law  
               enforcement agencies provide this training in  
               conjunction with homeless and formerly homeless  
               persons, local agencies, and organizations that serve  
               homeless and formerly homeless people, including  
               homeless persons with disabilities, and invite those  
               local organizations to attend the training sessions  
               and discuss the problem of crime against homeless  
               victims and law enforcement response to homelessness  
               with the agency's officers, pursuant to paragraph (2)  
               of subdivision (b) of Section 13519.64.

               (F)      The strong encouragement that each law  
               enforcement agency designate a unit, or an appropriate  
               number of officers, to do all of the following:

                 (i)        Investigate crimes against victims with  
                 disabilities.
                 (ii)       Train, assist, and consult with other  
                 officers in cases involving victims, suspects, or  
                 witnesses with disabilities.
                 (iii)      Act as liaison to the disability  




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                 community.
                 (iv)       Receive relevant advanced officer  
                 training.

               (G)      The strong encouragement that law enforcement  
               agencies enter into memoranda of understanding with  
               adult protective services agencies, local long-term  
               care ombudsman programs, and others to guide their  
               exercise of their concurrent jurisdictions under this  
               section and carry out their mandated reporter  
               requirements and their cross-reporting requirements  
               and other responsibilities, pursuant to Section 368.1.

               (H)      The strong encouragement that each law  
               enforcement agency, in consultation with the district  
               attorney or the Attorney General, adopt a general  
               order or other formal policy on prevention of and  
               response to crimes against people with disabilities  
               and dealing effectively and humanely with victims,  
               witnesses, and suspects with disabilities pursuant to  
               Section 4 of the Crime Victims with Disabilities Act  
               of 2009.  The law enforcement agency should address,  
               but not be limited to relevant laws.

               (I)      The strong encouragement that each local law  
               enforcement agency adopt a general order or other  
               formal policy on prevention and response to crimes  
               against homeless persons, including homeless persons  
               with disabilities and homeless youth, and on dealing  
               effectively and humanely with homeless persons, based  
               on the telecourse "Law Enforcement Response to  
               Homelessness Update" and on the 2002 California  
               Department of Justice report "Special Report to the  
               Legislature on Senate Resolution 18: Crimes Against  
               Homeless Persons," as provided in subdivision (c) of  
               Section 13519.64.

               (J)      The strong encouragement that each district  
               attorney do both of the following:





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                 (i)        Designate investigators to carry out the  
                 same functions as the designated officers including  
                 support of local law enforcement agencies that lack  
                 the resources to take those actions.

                 (ii)       Place a priority on prosecuting crimes  
                 against people with disabilities, including the  
                 consideration of establishing a vertical prosecution  
                 unit and providing incentives for deputies to  
                 prosecute cases of crimes against victims with  
                 disabilities that may have a below-average  
                 conviction rate, as described in Section 368.34.

                  Training  .  This section shall strongly encourage the law  
               enforcement executives to provide training for their  
               agencies' supervisors and officers on the following  
               provisions of law:

               (A)      The extent of the problem, as described in  
               Section 2 of the Crime Victims with Disabilities Act  
               of 2009.

               (B)      The new, clear statutory declaration that  
               abuse is a crime over which local law enforcement  
               agencies and state law enforcement agencies with  
               jurisdiction have concurrent jurisdiction.  Law  
               enforcement agencies, the local long-term care  
               ombudsman program, and the adult protective services  
               agency are encouraged to cooperate with each other in  
               an investigation to the maximum extent practicable.   
               However, the law enforcement agencies have ultimate  
               responsibility for criminal investigation, as provided  
               in Section 368.1 of this code and Section 1560 of the  
               Welfare and Institutions Code.

               (C)      Law enforcement tools including, but not  
               limited to, emergency protective orders that officers  
               can obtain by phone at any hour of the day or night,  
               as described in Part 3 (commencing with Section 6240)  
               of Division 10 of the Family Code.




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               (D)      The requirements placed on employees of local  
               law enforcement agencies as mandated reporters of  
               abuse and neglect of adults with disabilities, adult  
               inpatients, and elders, as provided in Section 15630  
               of the Welfare and Institutions Code.

               (E)      The inclusion of disability as a protected  
               characteristic in the hate crime laws, found in Chapter  
               1 (commencing with Section 422.66) of Title 11.6 of  
               Part 1.

               (F)      The training section of the bulletin also  
               shall list relevant training materials produced or  
               certified by the Commission on Peace Officer Standards  
               and Training, including materials produced pursuant to  
               specified section and by the Bureau of Medi-Cal Fraud  
               and Elder Abuse.

           This bill  provides in uncodified language that it is the intent  
          of the Legislature to strongly encourage each law enforcement  
          agency, including those with jurisdictions covering treatment or  
          local incarceration facilities, to do each of the following:

                 Designate a unit, or an appropriate number of officers,  
               to do each of the following:

               1)     Investigate crimes against victims with  
                 disabilities.
               2)     Train, assist, and consult with other  
                 officers in cases involving victims, suspects, or  
                 witnesses with disabilities.
               3)     Act as liaison to members of the disability  
                                                                                           community to train them concerning crime  
                 prevention and response, obtain their cooperation  
                 with law enforcement, and convey their concerns to  
                 the law enforcement agency.

                 Provide advanced officer training concerning crimes  
               against victims with disabilities to each officer  




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               designated under subdivision (a).

           This bill  provides in uncodified language, that it is the intent  
          of the Legislature to strongly encourage each law enforcement  
          agency to adopt a general order or other formal policy on  
          prevention of and response to crimes against people with  
          disabilities and dealing effectively and humanely with victims,  
          witnesses, and suspects with disabilities.  The policy should  
          include, but not be limited to, both of the following:

                 Laws including those listed in subdivision (d).
                 Methods to establish probable cause in these cases,  
               including crediting statements by victims and witnesses  
               with disabilities.

          This bill  provides in uncodified language that it is the intent  
          of the Legislature to strongly encourage each district attorney  
          to do each of the following:

                 Designate investigators to take each of the actions  
               described in Section 368.33, including support of local law  
               enforcement agencies that lack the resources to take those  
               actions.

                 Place a priority on prosecution of crimes against people  
               with disabilities in order to provide them with equal  
               protection.  This should include consideration of both of  
               the following:

                           Establishing a vertical prosecution  
                    unit for crimes against victims with  
                    disabilities or against both victims with  
                    disabilities and other vulnerable victims.

                           Providing incentives for deputies to  
                    prosecute cases of crimes against victims with  
                    disabilities that may have below-average  
                    conviction rates.

           Existing law  provides that in order to ensure consistent and  




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          uniform results, data may be collected and summarized by the  
          domestic violence death review teams to show the statistical  
          occurrence of domestic violence deaths in the team's county that  
          occur under the following circumstances:

                 The deceased was a victim of a homicide committed by a  
               current or former spouse, fianc?, or dating partner.
                 The deceased was the victim of a suicide, was the  
               current or former spouse, fianc?, or dating partner of the  
               perpetrator and was also the victim of previous acts of  
               domestic violence.
                 The deceased was the perpetrator of the homicide of a  
               former or current spouse, fianc?, or dating partner and the  
               perpetrator was also the victim of a suicide.
                 The deceased was the perpetrator of the homicide of a  
               former or current spouse, fianc?, or dating partner and the  
               perpetrator was also the victim of a homicide related to  
               the domestic homicide incident.
                 The deceased was a child of either the homicide victim  
               or the perpetrator, or both.
                 The deceased was a current or former spouse, fianc?, or  
               dating partner of the current or former spouse, fianc?, or  
               dating partner of the perpetrator.
                 The deceased was a law enforcement officer, emergency  
               medical personnel, or other agency responding to a domestic  
               violence incident.
                 The deceased was a family member, other than identified  
               above, of the perpetrator.
                 The deceased was the perpetrator of the homicide of a  
               family member, other than identified above.
                 The deceased was a person not included in the above  
               categories and the homicide was related to domestic  
               violence.  (Penal Code  11163.6.)

           This bill  provides that data should also be included if the  
          deceased had a disability and the homicide was related to  
          domestic violence.

           Existing law  provides that the State Department of Social  
          Services shall work with state and local child death review  




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          teams and child protective services agencies in order to  
          identify child death cases that were, or should have been,  
          reported to or by county child protective services agencies.   
          Findings made pursuant to this section shall be used to  
          determine the extent of child abuse or neglect fatalities  
          occurring in families known to child protective services  
          agencies and to define child welfare training needs for  
          reporting, cross-reporting, data integration, and involvement by  
          child protective services agencies in multiagency review in  
          child deaths.  The State Department of Social Services, the  
          State Department of Health Services, and the Department of  
          Justice shall develop a plan to track and maintain data on child  
          deaths from abuse or neglect, and submit this plan, not later  
          than December 1, 1997, to the Senate Committee on Health and  
          Human Services, the Assembly Committee on Human Services, and  
          the chairs of the fiscal committees of the Legislature.  (Penal  
          Code  11174.35.)

           This bill  provides that the State Department of Social Services,  
          the State Department of Health Care Services, and the Department  
          of Justice, working with relevant subject-matter experts from  
          among those listed in Section 15592 of the Welfare and  
          Institutions Code shall develop a plan to track and maintain  
          data on child deaths from abuse or neglect, including crimes  
          against children with disabilities.  Subject to the,  
          availability of funding, the plan to track and maintain the data  
          shall be updated by January 1, 2011.

           Existing law  provides that each county may establish an  
          interagency elder death team to assist local agencies in  
          identifying and reviewing suspicious elder deaths and  
          facilitating communication among persons who perform autopsies  
          and the various persons and agencies involved in elder abuse or  
          neglect cases.  Each county may develop a protocol that may be  
          used as a guideline by persons performing autopsies on elder  
          adults to assist coroners and other persons who perform  
          autopsies in the identification of elder abuse, in the  
          determination of whether elder abuse or neglect contributed to  
          death or whether elder abuse or neglect had occurred prior to  
          but was not the actual cause of death, and in the proper written  




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          reporting procedures for elder abuse or neglect, including the  
          designation of the cause and mode of death.  (Penal Code   
          11174.5.)

           This bill  provides that the interagency death review team should  
          also apply to review deaths of dependant adults.

           Existing law  provides an oral or written communication or a  
          document shared within or produced by an elder death review team  
          related to an elder death review is confidential and not subject  
          to disclosure or discoverable by another third party.  An oral  
          or written communication or a document provided by a third party  
          to an elder death review team, or between a third party and an  
          elder death review team, is confidential and not subject to  
          disclosure or discoverable by a third party.  Notwithstanding  
          subdivisions (a) and (b), recommendations of an elder death  
          review team upon the completion of a review may be disclosed at  
          the discretion of a majority of the members of the elder death  
          review team.  (Penal Code  11174.8.)

           This bill  provides that this provision applies to elder and  
          dependant adult death review teams.

           Existing law  provides generally for mandated and recommended  
          peace officer training by the Commission on Peace Officer  
          Standards and Training and specifically provides that: the  
          Legislature finds and declares that research, including "Special  
          Report to the Legislature on Senate Resolution 18:  Crimes  
          Committed Against Homeless Persons" by the Department of Justice  
          and "Hate, Violence, and Death:  A Report on Hate Crimes Against  
          People Experiencing Homelessness from 1999-2002" by the National  
          Coalition for the Homeless demonstrate that California has had  
          serious and unaddressed problems of crime against homeless  
          persons, including homeless persons with disabilities.  (Penal  
          Code  13519.64 (a).)

           This bill  adds a number of additional reports to the findings  
          and declarations in the above sections.

           Existing law  provides that by July 1, 2005, the Commission on  




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          Peace Officer Standards and Training, using available funding,  
          shall develop a two-hour telecourse to be made available to all  
          law enforcement agencies in California on crimes against  
          homeless persons and on how to deal effectively and humanely  
          with homeless persons, including homeless persons with  
          disabilities.  The telecourse shall include information on  
          multimission criminal extremism, as defined in Section 13519.6.   
          In developing the telecourse, the commission shall consult  
          subject-matter experts including, but not limited to, homeless  
          and formerly homeless persons in California, service providers  
          and advocates for homeless persons in California, experts on the  
          disabilities that homeless persons commonly suffer, the  
          California Council of Churches, the National Coalition for the  
          Homeless, the Senate Office of Research, and the Criminal  
          Justice Statistics Center of the Department of Justice.  (Penal  
          Code  13519.64 (b).)

           Existing law  provides that every state law enforcement agency,  
          and every local law enforcement agency, to the extent that this  
          requirement does not create a state-mandated local program cost,  
          shall provide the telecourse to its peace officers.  (Penal Code  
           13519.64 (c).)

           This bill  provides instead that every local law enforcement  
          agency, to the extent that this requirement does not create a  
          state-mandated local program cost, shall provide the telecourse  
          "Law Enforcement Response to Homelessness Update," to its peace  
          officers.  It is the intent of the Legislature to strongly  
          encourage local law enforcement agencies to provide this  
          training in conjunction with homeless and formerly homeless  
          persons and local agencies and organizations that serve homeless  
          persons, including homeless persons with disabilities and  
          homeless youth, and invite homeless and formerly homeless  
          persons and those local organizations to attend the training  
          sessions and discuss the problem of crime against homeless  
          victims and law enforcement response to homelessness with the  
          agency's officers.

           This bill  further provides that it is the intent of the  
          Legislature to strongly encourage each law enforcement agency,  




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                                                               SB 110 (Liu)
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          in consultation with the district attorney or Attorney General,  
          to adopt a general order or other formal policy on prevention  
          and response to crimes against homeless persons, including  
          homeless persons with disabilities and homeless youth, and on  
          dealing effectively and humanely with homeless persons, based on  
          the telecourse "Law Enforcement Response to Homelessness Update"  
          and the 2002 Department of Justice report "Special Report to the  
          Legislature on Senate Resolution 18: Crimes Against Homeless  
          Persons," and taking into account other relevant information.



           This bill  provides that every state law enforcement agency shall  
          provide training to its peace officers using the telecourse  
          "Crime Victims with Disabilities," produced by the Commission on  
          Peace Officer Standards and Training and the Department of  
          Justice.  This requirement shall take effect if the commission,  
          the department, or both the commission and the department update  
          the telecourse to reflect changes in law, standards, and  
          information since they produced the telecourse in 2002.


           This bill  provides that the requirement above replaces the  
          requirement of the portion of paragraph (2) of subdivision (b)  
          of Section 13519.64 that was repealed by the act of the 2009-10  
          Regular Session of the Legislature that enacted this section,  
          and does not create a new cost.


           This bill  provides that every local law enforcement agency may  
          provide training to its officers using the telecourse "Crime  
          Victims with Disabilities," and the Legislature strongly  
          encourages each local law enforcement agency to do so if the  
          commission, the department, or both the commission and the  
          department update the telecourse.  The Legislature encourages  
          law enforcement agencies to provide this training in conjunction  
          with people with disabilities and local agencies and  
          organizations that serve and advocate for people with  
          disabilities and to invite people with disabilities and those  
          local organizations to attend the training sessions and discuss  




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          the problem with the agency's officers.


           Existing law  provides that the protocol adopted pursuant to  
          Section 13823.5 for the examination and treatment of victims of  
          sexual assault or attempted sexual assault, including child  
          molestation, and the collection and preservation of evidence  
          therefrom shall include provisions for all of the following:

                 Notification of injuries and a report of  
               suspected child sexual abuse to law enforcement  
               authorities.
                 Obtaining consent for the examination, for the  
               treatment of injuries, for the collection of  
               evidence, and for the photographing of injuries.
                 Taking a patient history of sexual assault and  
               other relevant medical history.
                 Performance of the physical examination for  
               evidence of sexual assault.
                 Collection of physical evidence of assault.
                 Collection of other medical specimens.
                 Procedures for the preservation and disposition  
               of physical evidence.  (Penal Code  13823.7.)

           This bill  provides that protocol adopted shall also include  
          sexual assault of victims with disabilities.

           Existing law  provides that:

                 Every public or private general acute care hospital  
               that examines a victim of sexual assault or attempted  
               sexual assault, including child molestation, shall  
               comply with the standards specified in Section  
               13823.11 and the protocol and guidelines adopted  
               pursuant to Section 13823.5.

                 Each county with a population of more than 100,000  
               shall arrange that professional personnel trained in  
               the examination of victims of sexual assault,  
               including child molestation, shall be present or on  




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                                                               SB 110 (Liu)
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               call either in the county hospital which provides  
               emergency medical services or in any general acute  
               care hospital which has contracted with the county to  
               provide emergency medical services.  In counties with  
               a population of 1,000,000 or more, the presence of  
               these professional personnel shall be arranged in at  
               least one general acute care hospital for each  
               1,000,000 persons in the county.

                 Each county shall designate at least one general  
               acute care hospital to perform examinations on victims  
               of sexual assault, including child molestation.

                 (1)  The protocol published by the agency or  
               agencies designated by the Director of Finance  
               pursuant to Section 13820 shall be used as a guide for  
               the procedures to be used by every public or private  
               general acute care hospital in the state for the  
               examination and treatment of victims of sexual assault  
               and attempted sexual assault, including child  
               molestation, and the collection and preservation of  
               evidence therefrom.  (2)  The informational guide  
               developed by the agency or agencies designated by the  
               Director of Finance pursuant to Section 13820 shall be  
               consulted where indicated in the protocol, as well as  
               to gain knowledge about all aspects of examination and  
               treatment of victims of sexual assault and child  
               molestation.  (Penal Code  13823.9.)

           This bill  provides that the above provision includes assault of  
          victims with disabilities.

           Existing law  provides the agency or agencies designated by the  
          Director of Finance pursuant to Section 13820 shall develop a  
          course of training for qualified health care professionals  
          relating to the examination and treatment of victims of sexual  
          assault.  In developing the curriculum for the course, the  
          agency or agencies designated by the Director of Finance  
          pursuant to Section 13820 shall consult with health care  
          professionals and appropriate law enforcement agencies.  The  




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          agency or agencies designated by the Director of Finance  
          pursuant to Section 13820 shall also obtain recommendations from  
          the same health care professionals and appropriate law  
          enforcement agencies on the best means to disseminate the course  
          of training on a statewide basis.  (Penal Code  13823.13 (a).)

           This bill  provides that the course shall also include sexual  
          assault of child and victims with disabilities.



           Existing law  provides for a Comprehensive Statewide Domestic  
          Violence Program administered by an advisory council in the  
          Office of Emergency Services.  The advisory council shall  
          consist of domestic violence victims' advocates and service  
          providers as specified and that it is the intent of the  
          Legislature that the advisory counsel be diverse.  The section  
          sunsets on January 1, 2010.  (Penal Code  13823.16.)

           This bill  provides that the diversity of the advisory council  
          shall include people with disabilities.

           This bill  extends the sunset to January 1, 2015.

           Existing law  provides for an advisory committee to develop a  
          course of training for district attorneys in the investigation  
          and prosecution of sexual assault cases, etc.  The course shall  
          include training in the unique emotional trauma experienced by  
          victims of these crimes.  (Penal Code  13836.)

           This bill  provides that the course shall also include training  
          in the special problems of investigating and prosecuting these  
          crimes when committed against individuals with disabilities.

           Existing law  provides that the advisory committee shall consist  
          of 11 members and shall represent the view of diverse ethnic and  
          language groups.  (Penal Code  1386.1.)

           This bill  further provides that the advisory committee shall  
          also represent subject-matter experts on crimes against  




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          individuals with disabilities.

           This bill  further provides that the requirement that the  
          Commission the Status of Women appoint an expert on crimes  
          against victims with disabilities shall take effect upon the  
          occurrence of the first vacancy for a member appointed by the  
          commission, other than the member who represents a rape crisis  
          center or the member who is a medical professional, on or after  
          January 1, 2010.

           Existing law  provides that the online missing persons' registry  
          shall accept and generate complete information on a missing  
          person and that information shall be retrievable by specified  
          categories.  (Penal Code  14203.)

           Existing law  provides that "missing person" includes but is not  
          limited to a child who has been taken, detained, concealed,  
          enticed away or retained by a parent.  It also includes any  
          child who is missing voluntarily or involuntary.  It further  
          provides that evidence that a missing person is at risk includes  
          evidence that the missing person is mentally impaired.  (Penal  
          Code  14213.)
           
          This bill  provides instead that evidence that a missing person  
          is at risk includes evidence that the missing person has a  
          mental or physical disability.



           Existing law  provides that when the Department of Developmental  
          Services (DSS) has reason to believe that any person held in  
          custody as developmentally disabled is wrongfully deprived of  
          his liberty, or is cruelly or negligently treated, or that  
          inadequate provision is made for the skillful medical care,  
          proper supervision, and safekeeping of any such person, it may  
          ascertain the facts.  It may issue compulsory process for the  
          attendance of witnesses and the production of papers, and may  
          exercise the powers conferred upon a referee in a superior  
          court.  It may make such orders for the care and treatment of  
          such person as it deems proper.  Whenever the DSS undertakes an  




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          investigation into the general management and administration of  
          any establishment or place of detention for the developmentally  
          disabled, it may give notice of such investigation to the  
          Attorney General, who shall appear personally or by deputy, to  
          examine witnesses in attendance and to assist the department in  
          the exercise of the powers conferred upon it in this code.  DSS  
                                                                                may at any time cause the patients of any county or city  
          almshouse to be visited and examined, in order to ascertain if  
          developmentally disabled persons are kept therein.  (Welfare and  
          Institutions Code  4427.)

           This bill  provides instead that when DSS has reason to believe  
          that any person held in custody as developmentally disabled is  
          wrongfully deprived of liberty, or is cruelly or negligently  
          treated, or that inadequate provision is made for the skillful  
          medical care, proper supervision, and safekeeping of any such  
          person, or is otherwise the victim of crime, DSS shall do either  
          of the following:

                 Report the case immediately to the local police  
               department or sheriff's office that has jurisdiction.

                 Ascertain the facts.  It may issue compulsory  
               process for the attendance of witnesses and the  
               production of papers, and may exercise the powers  
               conferred upon a referee in a superior court.  It may  
               make such orders for the care and treatment of such  
               person as it deems proper.  If it ascertains that the  
               person is the victim of a crime, it shall report the  
               case immediately to the local police department or  
               sheriff's office that has jurisdiction.

           Existing law  provides that a developmental center shall  
          immediately report all resident deaths and serious injuries of  
          unknown origin to the appropriate law enforcement agency that  
          may, at its discretion, conduct an independent investigation.   
          (Welfare and Institutions Code  4427.5.)

           This bill  provides that the reporting requirements of this  
          subdivision are in addition to, and do not substitute for, the  




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          reporting requirements of mandated reporters.

           Existing law  generally provides support for a variety of living  
          arrangements for a person with developmental disabilities.   
          (Welfare and Institutions Code  4689 et seq.)

           This bill  provides that a nonlicensed service provider may  
          inform the Department of Justice if they have a vendor  
          relationship with a regional center and submit fingerprints for  
          background checks of employees or volunteers.
           
          This bill  creates "The Abuse Victims with Disabilities Think  
          Tank of the California Emergency Management Agency."

           This bill  provides that the Abuse Victims with Disabilities  
          Think Tank shall convene a first meeting of a working group on  
          crimes against elders, dependent adults, and people with  
          disabilities and shall invite subject matter experts as  
          specified.  The bill does not require the think tank to convene  
          any further meetings of the working group but provides that the  
          working group may organize itself, including by creating  
          committees and scheduling future meetings.

           This bill  provides that the working group may set goals for  
          itself including developing one or more models of memoranda of  
          understanding that appropriate agencies and organizations may  
          adopt and make recommendations to the Governor or Legislature  
          for reform of mandated reporter requirements and of  
          investigation and jurisdiction issues to provide equal  
          protection to crime victims who are elders, dependant adults,  
          and peoples with disabilities.

           This bill  provides that nothing requires any state agency to  
          participate in the working group if that participation would  
          create a cost or to pay for travel or other expenses of any  
          person attending working group meetings.

           Existing law  , for the purposes of being a mandated reporter of  
          abuse, provides that a "clergy member: means a priest, minister,  
          rabbi, religious practitioner, or similar functionary of a  




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          church, synagogue, temple, mosque, or recognized religious  
          denomination or organization."  "Clergy member" does not include  
          unpaid volunteers whose principal occupation or vocation does  
          not involve active or ordained ministry in a church, synagogue,  
          temple, mosque, or recognized religious denomination or  
          organization, and who periodically visit elder or dependent  
          adults on behalf of that church, synagogue, temple, mosque, or  
          recognized religious denomination or organization.  (Welfare and  
          Institutions Code  15610.19.)

           This bill  makes technical changes to that section.

           Existing law  provides that each county shall establish an  
          emergency response adult protective services program that shall  
          provide in person response, 24 hours per day, seven days per  
          week to reports of abuse of an elder or a dependant adult.   
          (Welfare and Institutions Code  15763.)

           This bill  makes technical changes to that section.

           This bill  makes the following legislative findings and  
          declarations:

            (a)   A large body of research indicates that people with  
            mental and physical disabilities in California and  
            throughout the United States are victimized by violent  
            crime and major property crime at much higher rates than  
            the general population.

            (b)   At least 13,500 American adults with disabilities  
            are victims of criminal violence every day - 562 every  
            hour.  At least 410 children with disabilities are  
            victimized every day -17 every hour.

            (c)   People with disabilities who are abused experience  
            both more prolonged and more severe abuse on the average  
            than other crime victims.  Evidence suggests that the  
            harmful effects may be more serious and chronic for  
            victims with disabilities.





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            (d)   California and national research has found  
            particularly disturbing indications, including:

                         Californians with developmental  
                   disabilities are victimized 4 to 10 times more  
                   frequently than the general population, and  
                   they are at a higher risk of revictimization.

                         The rate of victimization of  
                   Californians with severe and persistent mental  
                   illness is 1,970 percent that of the general  
                   population.  The rate of victimization for  
                   those diagnosed with both mental illness and  
                   substance abuse is 6,300 percent that of the  
                   general population.

                         Of Californians with developmental  
                   disabilities, about 8 in 10 women and 4 in 10  
                   men have been sexually abused.  About 4 in 10  
                   women and 2 in 10 men have been sexually abused  
                   at least 10 times.

                         More than 8000 California children with  
                   disabilities were reported by Child Protective  
                   Services to be victims of maltreatment in 2005  
                   - about one per hour.

                         Mentally ill prison and jail inmates are  
                   a significantly higher risk of violence,  
                   particularly sexual abuse, than other inmates.

                         People often become homeless because of  
                   disabilities, and those who were able when they  
                   were housed typically become disabled due to  
                   their homelessness.  Homeless Californians are  
                   much more likely than the housed population to  
                   become crime victims - more than 6 out of 10 are  
                   victimized every year, 2 out of 10 at least five  
                   times in the year.  Their disabilities increase  
                   the likelihood of victimization still further.   




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                   The lifetime risk of victimization for seriously  
                   mentally ill, episodically homeless women is  
                   97%.

                         People with disabilities, both those who  
                   live at home and those who live in institutions,  
                   are often victims of domestic and family  
                   violence and other crimes by caregivers.

                         Elders and children with disabilities are  
                   particularly at risk of becoming victims of abuse,  
                   neglect, and other major crimes.

            (e)   Research indicates that criminals select people with  
            disabilities as their victims because of two major categories  
            of motivations, as follows:

                         Hostility toward those who arouse guilt,  
                   fear of those whose visible traits are perceived  
                   as disturbing to others, a perception that  
                   people with disabilities are inferior and  
                   therefore 'deserving victims,' and resentment of  
                   those who require and increasingly demand  
                   alternative physical and social accommodations.

                         Belief that people with disabilities are  
                   especially vulnerable a belief that is well  
                   founded.

            (f)   It is the intent of the Legislature to clarify and  
            enforce existing laws and make California the national leader  
            in humane treatment of people with disabilities.

            (g)   People with disabilities are especially vulnerable to  
            crime and become victims at rates many times higher than the  
            general population.  A large majority of these crimes are  
            never reported to law enforcement.  In addition, the law  
            previously did not make it clear that abuse is a crime.  As a  
            result, many law enforcement officers, prosecutors, and other  
            citizens are unaware of this invisible epidemic.




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            (h)   Crimes against victims with disabilities occur in the  
            jurisdiction of every law enforcement agency and every  
            district attorney's office.  Every law enforcement officer  
            encounters persons with disabilities who may be particularly  
            vulnerable to crime and who have a disproportionately high  
            likelihood of becoming victims.

            (i)   Persons with disabilities in specific population groups,  
            including all of the following, often become victims of  
            serious crime, frequently including domestic violence and  
            sexual assault:
                         Children.
                         Elders.
                         Homeless persons.
                         Inmates of prisons, jails, and other  
                   incarceration facilities.
                         Residents of public and private treatment and  
                   care facilities of all kinds.

            (j)   Many crimes against victims with disabilities are  
            motivated in whole or in part by preexisting negative  
            attitudes toward the victims' disabilities, including  
            hostility to persons who arouse guilt, fear of or revulsion to  
            persons whose visible traits are disturbing to others, a  
            perception that persons with disabilities are inferior or  
            deserving of victimization, belief that persons with  
            particular disabilities are weak and therefore easy targets,  
            and resentment of those who need and increasingly demand  
            alternative physical and social accommodations.  Law  
            enforcement agencies must investigate these crimes as hate  
            crimes and report them to the Department of Justice as Section  
            13023 of the Penal Code requires.

            (k)   Preventing, recognizing, and responding to crimes  
            against victims with disabilities often require special  
            training, which all officers should receive.  Investigating  
            and successfully prosecuting these crimes often require more  
            advanced training, which some officers in every agency should  
            receive.




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                                                               SB 110 (Liu)
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           This bill  provides that it is the intent of the Legislature that  
          nothing in this act creates any new substantial General Fund  
          costs.  To that end, notwithstanding any provision of law to the  
          contrary, all of the following shall apply:

                 Nothing in this act requires a state agency to revise  
               any form document, or other material if that revision would  
               create a General Fund cost that is more than minor and  
               absorbable.

                 Nothing in this act requires a state or local agency to  
               adopt or revise a regulation.

                 Nothing in this act creates a new training requirement  
               for any state agency if that training requirement would  
               create a General Fund cost that is more than minor or  
               absorbable.

                 Any provision of this act that requires a state agency  
               to take any action is contingent on the availability and  
               appropriation of adequate funds.

              RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION IMPLICATIONS
                                          
          California continues to face a severe prison overcrowding  
          crisis.  The Department of Corrections and Rehabilitation (CDCR)  
          currently has about 170,000 inmates under its jurisdiction.  Due  
          to a lack of traditional housing space available, the department  
          houses roughly 15,000 inmates in gyms and dayrooms.   
          California's prison population has increased by 125% (an average  
          of 4% annually) over the past 20 years, growing from 76,000  
          inmates to 171,000 inmates, far outpacing the state's population  
          growth rate for the age cohort with the highest risk of  










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                                                               SB 110 (Liu)
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          incarceration.<1>

          In December of 2006 plaintiffs in two federal lawsuits against  
          CDCR sought a court-ordered limit on the prison population  
          pursuant to the federal Prison Litigation Reform Act.  On  
          February 9, 2009, the three-judge federal court panel issued a  
          tentative ruling that included the following conclusions with  
          respect to overcrowding:


               No party contests that California's prisons are  
               overcrowded, however measured, and whether considered  
               in comparison to prisons in other states or jails  
               within this state.  There are simply too many  
               prisoners for the existing capacity.  The Governor,  
               the principal defendant, declared a state of emergency  
               in 2006 because of the "severe overcrowding" in  
               California's prisons, which has caused "substantial  
               risk to the health and safety of the men and women who  
               work inside these prisons and the inmates housed in  
               them."  . . .  A state appellate court upheld the  
               Governor's proclamation, holding that the evidence  
               supported the existence of conditions of "extreme  
               peril to the safety of persons and property."  
               (citation omitted)  The Governor's declaration of the  
               state of emergency remains in effect to this day.

               . . .  the evidence is compelling that there is no  
               relief other than a prisoner release order that will  
               remedy the unconstitutional prison conditions.

               . . .

               ----------------------
          <1>  "Between 1987 and 2007, California's population of ages 15  
          through 44 - the age cohort with the highest risk for  
          incarceration - grew by an average of less than 1% annually,  
          which is a pace much slower than the growth in prison  
          admissions."  (2009-2010 Budget Analysis Series, Judicial and  
          Criminal Justice, Legislative Analyst's Office (January 30,  
          2009).)



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                                                               SB 110 (Liu)
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               Although the evidence may be less than perfectly  
               clear, it appears to the Court that in order to  
               alleviate the constitutional violations California's  
               inmate population must be reduced to at most 120% to  
               145% of design capacity, with some institutions or  
               clinical programs at or below 100%.  We caution the  
               parties, however, that these are not firm figures and  
               that the Court reserves the right - until its final  
               ruling - to determine that a higher or lower figure is  
               appropriate in general or in particular types of  
               facilities.

               . . .

               Under the PLRA, any prisoner release order that we  
               issue will be narrowly drawn, extend no further than  
               necessary to correct the violation of constitutional  
               rights, and be the least intrusive means necessary to  
               correct the violation of those rights.  For this  
               reason, it is our present intention to adopt an order  
               requiring the State to develop a plan to reduce the  
               prison population to 120% or 145% of the prison's  
               design capacity (or somewhere in between) within a  
               period of two or three years.<2>

          The final outcome of the panel's tentative decision, as well as  
          any appeal that may be in response to the panel's final  
          decision, is unknown at the time of this writing.

           This bill  does not appear to aggravate the prison overcrowding  
          crisis outlined above.



          ---------------------------
          <2>  Three Judge Court Tentative Ruling, Coleman v.  
          Schwarzenegger, Plata v. Schwarzenegger, in the United States  
          District Courts for the Eastern District of California and the  
          Northern District of California United States District Court  
          composed of three judges pursuant to Section 2284, Title 28,  
          United States Code (Feb. 9, 2009).



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                                                               SB 110 (Liu)
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                                      COMMENTS

          1.  Need for This Bill  

          According to the author:

              Crime against victims with disabilities has been  
              called an "invisible epidemic," comparable with  
              domestic violence before society awakened to the  
              horror and widespread extent of that terrible  
              problem.  Children and elders with disabilities,  
              homeless people with disabilities, and people with  
              disabilities in care, treatment, and incarceration  
              facilities are among those most vulnerable and most  
              often victimized.  Women and men with disabilities  
              also are at high risk of sexual assault and domestic  
              violence.

              Despite great efforts, California - like the rest of  
              the country - continues to fall shamefully short of  
              meeting its responsibility to provide equal  
              protection from crime to people with disabilities.   
              Research shows that the current system generally  
              fails to prevent crimes, assist victims, prosecute  
              perpetrators, or even report most crimes against  
              victims with disabilities.

              It is unlikely that society would tolerate this level  
              of violent crime against most other classes of  
              victims without demanding much more effective action.

          2.  DOJ to Send a Bulletin  

          This bill requires the Department of Justice to electronically  
          send a bulletin to all local and state law enforcement officers  
          by February 1, 20010.  As proposed to be amended, among the  
          things the bulletin shall include are the following:

             New Law:  Importance and Urgency  .  This section shall  
            include a statement of the importance and urgency  




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                                                               SB 110 (Liu)
                                                                      PageF

            that the law now places on arresting and convicting  
            criminals who commit crimes against victims with  
            disabilities and on assisting their victims,  
            demonstrated by enactment of the Crime Victims with  
            Disabilities Act of 2009.

             An Invisible Epidemic  .  This section shall quote the  
            findings of subdivisions (g) to (k), inclusive, of  
            Section 2 of the Crime Victims with Disabilities Act of  
            2009.

          The bulletin also provides for a statement of requirements and  
          recommendations relating to training regarding victims with  
          disabilities.  Since most of the requirements and  
          recommendations exist in current law, it is not clear why they  
          need to be included in the bulletin.

          The bulletin is also to include words of encouragement regarding  
          training regarding victims with disabilities and the creation of  
          units within agencies to focus on crimes against this  
          population.

          Although the DOJ regularly sends out electronic bulletins, it is  
          not clear what real purpose the one required by this bill will  
          have since it is primarily a restatement of requirements that  
          exist in law.  Is there a better or more appropriate use of time  
          and money that may be spent on this bulletin?

          IS THE BULLETIN FROM DOJ NECESSARY IF IT MOSTLY RESTATES  
          EXISTING LAW?

          3.  Background Checks  

          This bill creates a new criminal background check requirement  
          for a "nonlicensed service provider" who has a vendor  
          relationship with a regional center.  It provides that the  
          "nonlicensed service provider" shall notify the DOJ of the  
          relationship with the regional center and then submit  
          fingerprints for any current or prospective employee or  
          volunteer.  The DOJ will then return information on every  




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                                                               SB 110 (Liu)
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          conviction against the person and provide subsequent arrest  
          information.  If a background check is not performed on a person  
          then the "nonlicensed service provider" shall provide notice to  
          every consumer.

          It is not clear who these unlicensed service providers are and  
          why if they have a vendor relationship with the regional center  
          the background check is not run through the center.  There are  
          legal restrictions on whom DOJ can release background  
          information to; there are specific confidentiality requirements  
          that must be met.  Usually, background checks are run through an  
          agency or a licensing agency of some sort.  It is not clear who  
          is intended to receive the background information under this  
          bill.

          WHO ARE THE "NONLICENSED SERVICE PROVIDERS" WITH "VENDOR"  
          RELATIONSHIPS WITH REGIONAL CENTERS?
                                                         
          WHO WILL RECEIVE THE CONFIDENTIAL CRIMINAL HISTORY INFORMATION?

          WHY DON'T THESE VENDORS HAVE THEIR EMPLOYEES AND VOLUNTEERS  
          BACKGROUND CHECKED THROUGH THE REGIONAL CENTER WITH WHOM THEY  
          HAVE THE RELATIONSHIP?

          4.  Death Review Teams
           
          This bill makes a number of changes in a number of sections to  
          provide that elder death review teams should be instead elder  
          and dependant adult review teams.  Thus any of the guidelines or  
          protocols that currently apply to elder death review teams will  
          now apply in cases where the decedent was a dependant adult.
           

           This bill also provides that one of the factors that the  
          domestic violence death review teams should include in their  
          report is whether the deceased had a disability and the homicide  
          was related to domestic violence, and further provides that  
          child death review teams should include crimes against children  
          with disabilities.





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          5.  Concurrent Jurisdiction  

          This bill provides that local law enforcement agencies, and  
          state law enforcement agencies with jurisdiction, have  
          concurrent jurisdiction for investigation of elder and dependant  
          adult abuse.  It also provides that the Legislature "strongly  
          encourages" law enforcement agencies to cooperate with adult  
          protective services agencies, local long-term care ombudsman  
          programs and other specified agencies; however, law enforcement  
          shall retain ultimate responsibility for criminal  
          investigations.  The bill further provides that in any case of  
          suspected abuse or other crime against an elder or dependant  
          adult, the law enforcement agency may direct the local adult  
          protective services agency or local long-term care ombudsman to  
          take a supportive role.

          It is unclear why these provisions which add a new section to  
          the Penal Code are necessary.  They add nothing to the law.  It  
          does not change the current jurisdiction of law enforcement  
          agencies regarding who can investigate abuse against elder or  
          dependant adults nor does it change any relationship any agency  
          may have with a local adult protective service agency, local  
          long-term care ombudsperson or any other local agency that deals  
          with elder and dependant adults.

          WHY IS IT NECESSARY TO CREATE A NEW SECTION IN THE PENAL CODE  
          WHICH DOES NOTHING BUT STATE THE EXISTING LAW REGARDING  
          JURISDICTION?

          SHOULD NEW CODE SECTIONS THAT MERELY "ENCOURAGE" LAW ENFORCEMENT  
          TO DO WHAT THEY ALREADY DO OR CAN DO BE ADDED TO AN ALREADY  
          COMPLEX CODE?

          6.  POST Training  

          This bill adds to the legislative findings and declarations of  
          an existing Penal Code section dealing with Commission on Peace  
          Officer Standards and Training (POST) on crimes against the  
          homeless.  It also encourages law enforcement agencies to give  
          the training on crimes against the homeless and encourages law  




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          enforcement to adopt a policy on the prevention of and response  
          to crimes against homeless persons even though existing law  
          already says the existing POST training course shall be provided  
          if it does not constitute a mandate.

          This bill provides that every state law enforcement agency shall  
          provide training to its peace officers using the telecourse  
          "Crime Victims with Disabilities," produced by the Commission on  
          Peace Officer Standards and Training (POST) and the Department  
          of Justice.  However, the requirement shall take effect only if  
          the commission, the department, or both POST and DOJ update the  
          telecourse to reflect changes in law, standards, and information  
          since they produced the telecourse in 2002.  The requirement  
          will replace the existing requirement that local agencies  
          provide the existing telecourse, if it does not create a  
          mandate.

          This bill further provides that every local law enforcement  
          agency may provide training to its officers using the telecourse  
          "Crime Victims with Disabilities," and the Legislature strongly  
          encourages each local law enforcement agency to do so if POST,  
          DOJ, or both update the telecourse.  The Legislature encourages  
          law enforcement agencies to provide this training in conjunction  
          with people with disabilities and local agencies and  
          organizations that serve and advocate for people with  
          disabilities and to invite people with disabilities and those  
          local organizations to attend the training sessions and discuss  
          the problem with the agency's officers.

          IS IT APPROPRIATE OR NECESSARY TO ADD NEW LEGISLATIVE FINDINGS  
          TO AN EXISTING CODE SECTION?

          IS IT APPROPRIATE OR NECESSARY TO FURTHER "ENCOURAGE" LAW  
          ENFORCEMENT TO GET TRAINING ON CRIMES AGAINST THE HOMELESS WHEN  
          THE EXISTING LAW SAYS IT SHALL BE PROVIDED, AS LONG AS PROVIDING  
          IT DOES NOT CONSTITUTE A MANDATE?

          IT IS UNCLEAR WHAT THE NEW TRAINING COURSE ON CRIME VICTIMS WITH  
          DISABILITIES IS TO INCLUDE, OR WHEN IT WILL BE CREATED;  
          FURTHERMORE, SINCE POST PERIODICALLY UPDATES ITS COURSES TO  




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          REFLECT CHANGES IN THE LAW, WHY THIS NEW PROVISION IS NECESSARY?

          7.  "Think Tank"  

          This bill attempts to create the "Abuse Victims with  
          Disabilities Think Tank" in the California Emergency Management  
          Agency.  However, it only requires that the "think tank" convene  
          a first meeting of a working group on crimes against elders,  
          dependant adults and people with disabilities inviting at  
          minimum approximately 50 listed groups.  It further provides  
          that the working group may then organize itself.  The "think  
          tank" is to develop a memorandum of understanding that  
          appropriate agencies and organizations may adopt and to make  
          recommendations to the Governor or Legislature for reform of the  
          mandated reporter requirements and investigation and  
          jurisdiction issues.  However, the bill provides that nothing  
          requires any state agency to participate in the working group if  
          the participation would create a cost.  The California Emergency  
          Management Agency will clearly incur costs setting up a meeting  
          that involves so many people.  If no agency can incur costs, how  
          does this "think tank" that only requires one meeting ever have  
          its one required meeting?






















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          IS THE "THINK TANK" CREATED BY THIS BILL NECESSARY IF ONLY ONE  
          MEETING IS REQUIRED?

          SINCE THE CALIFORNIA EMERGENCY MANAGEMENT AGENCY WILL CLEARLY  
          INCUR COSTS TO PUT TOGETHER THE MEETING, WILL IT EVER HAPPEN?

          IF CALIFORNIA EMERGENCY MANAGEMENT AGENCY WANTS TO PUT TOGETHER  
          THE MEETING DESPITE THE COSTS, WHY MUST THIS PROVISION BE PUT IN  
          THE LAW?

          8.  Uncodified Legislative Findings and "Encouragement"  

          This bill contains numerous Legislative findings and  
          declarations regarding crimes against persons with mental and  
          physical disabilities.  Specific verification has not been given  
          for any of the findings and declarations.

          This bill also contains "encouragement" to law enforcement and  
          district attorneys to take specified actions relating to the  
          enforcement and prosecution of crimes against persons with  
          disabilities.

          Statutory language that "encourages" certain conduct or actions  
          has no legal effect.  Enacting statutory provisions that have no  
          legal meaning arguably convolutes statutory provisions which  
          already are complex and in some instances nearly impenetrable.   
          Members may wish to consider whether these provisions should be  
          deleted, and the bill narrowed to statutory changes that would  
          have a legal effect.

          SHOULD THIS BILL BE NARROWED TO DELETE PROVISIONS WHICH HAVE NO  
          LEGAL EFFECT?

          9.  Other Changes  

          This bill also makes numerous other technical changes to  
          provisions which are related to crimes against persons with  
          disabilities.





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