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 April 21, 2009 
          Hearing date:  April 28, 2009
          Penal Code; Welfare and Institutions Code
          MK:mc

                      PEOPLE WITH DISABILITIES; VICTIMS 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;  
                   California Commission on the Status of Women; Aging  
                   Services of California; California State Council on  
                   Developmental Disabilities 

          Opposition:The National Employment Law Project; Taxpayers for  
          Improving Public Safety


                                      KEY ISSUES




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          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?

          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  




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          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  
          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  




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          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 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  




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          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).)

           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   




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          368 (j).)

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




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               (B)      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.

               (C)      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.

               (D)      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.
                    
               (E)      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.

           Existing law  provides that in order to ensure consistent and  
          uniform results, data may be collected and summarized by the  
          domestic violence death review teams to show the statistical  




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          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  
          teams and child protective services agencies in order to  
          identify child death cases that were, or should have been,  




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




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          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  
          Peace Officer Standards and Training, using available funding,  
          shall develop a two-hour telecourse to be made available to all  




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          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 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  




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          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  
          the problem with the agency's officers.




           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.)





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           This bill  further provides that the advisory committee shall  
          also represent subject-matter experts on crimes against  
          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 in addition 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 for a process for a criminal background check  
          of a non-licensed service provider.  
           
          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  
          church, synagogue, temple, mosque, or recognized religious  
          denomination or organization."  "Clergy member" does not include  




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          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.

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




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




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                   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.

            (h)   Crimes against victims with disabilities occur in the  




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            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.

           This bill  provides that it is the intent of the Legislature that  




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          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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          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.

               . . .

               Although the evidence may be less than perfectly  
               ----------------------
          <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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               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.

                                      COMMENTS

          1.  Need for This Bill  
          ---------------------------
          <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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          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, 2010.  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  
            that the law now places on arresting and convicting  
            criminals who commit crimes against victims with  
            disabilities and on assisting their victims,  




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            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.

          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 submit to the DOJ evidence  
          of a vendor relationship with a regional center showing the  
          effective and ending date.  Once approved by the DOJ, a  
          non-licensed service provider may electronically submit  
          fingerprint images and related information required of all  
          current or prospective employees or volunteers for the purposes  
          of obtaining information as to the existence and content of a  
          record of state conviction or arrest pending adjudication.  The  
          non-licensed service provider may request subsequent arrest  
          information.  The vendor shall notify the regional center that  
          the employees and volunteers have been background checked.  If a  
          person has been convicted of a serious or violent felony or is a  




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          registered sex offender, the provider shall not hire or accept  
          employment from that person.  If background checks are not  
          performed, the non-licensed service provider must inform the  
          consumers at the regional center.

          The National Employment Law Project opposes this provision of  
          the bill because of the ban on employment for specified crimes  
          with no consideration as to rehabilitation.  They state:

              This bill would expand access to criminal history  
              reports held by the Department of Justice to  
              non-licensed service providers and would prohibit anyone  
              convicted of specified offenses or required to register  
              as a sex offender form employment as a care provider for  
              disabled adults.  While we believe reasonable  
              protections are important, in its current form, the bill  
              does not provide an opportunity for an applicant or  
              employee to present evidence of rehabilitation and  
              fitness to perform the duties of the position.

              The proposed lifetime bars are unwarranted and over  
              expansive. The Legislature should exercise caution in  
              adding crimes that would bar an individual for life from  
              working in a position they have demonstrated fitness to  
              hold.

              In order to bring the bill in line with existing laws,  
              we recommend the following amendments:

                         Provide an applicant or current employee  
                   with an opportunity to appeal adverse employment  
                   decisions by demonstrating rehabilitation in order  
                   to obtain or retain a care giver position.   
                   Existing laws require agencies to review any  
                   evidence presented that the person has been  
                   rehabilitated for at least five years, or has  
                   received a certificate of rehabilitation or if the  
                   conviction has been dismissed pursuant to Section  
                   1203.4 or 1203.4a of the Penal Code in making  
                   determinations about whether or not to use  




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                   specified convictions as a bar to employment.
                         Remove the provisions requiring workers to  
                   pay the costs associated with processing a criminal  
                   history report.
                         Provide all individuals with a copy of their  
                   criminal history record when they are denied  
                   employment based on prior criminal convictions.

          WHO ARE THE "NONLICENSED SERVICE PROVIDERS" WITH "VENDOR"  
          RELATIONSHIPS WITH REGIONAL CENTERS?
           
          SHOULD A PERSON WHO HAS COMMITTED ONE OF THE LISTED OFFENSES BE  
          PERMITTED TO SHOW PROOF OF REHABILITATION?

          SHOULD THE OFFENSES BAN A PERSON OR SHOULD EXEMPTIONS BE  
          PERMITTED?

          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.

          5.  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.   

          This bill provides that every state law enforcement agency that  




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          complies with POST 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.


































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          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?

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

          6.  "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  




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          its one required meeting?

          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  
          INTO LAW?

           
                                   ***************