BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair 110 (Liu) Hearing Date: 05/18/2009 Amended: 05/05/2009 Consultant: Jacqueline Wong-HernandezPolicy Vote: Public Safety 6-0 _________________________________________________________________ ____ BILL SUMMARY: SB 110 makes numerous technical and substantive changes regarding provisions of laws relating to crimes against individuals with disabilities. Specifically, this bill: 1) Requires DOJ to electronically send a bulletin to the executive of each state and local law enforcement agency and each district attorney which quotes legislative findings written in this bill. This bulletin must also contain specified information encouraging specific training courses and materials for law enforcement officials and district attorneys. 2) Requires domestic violence death review teams to add information about whether or not a victim had a disability. 3) Requires existing multiagency child death review teams to include subject matter experts in their teams. 4) Requires the Department of Social Services (DSS) to track and maintain disability information about children who died as the result of abuse or neglect. 5) Allows counties to add dependent adult cases to any elder death review teams and protocols they may already have. 6) Requires the Commission on Peace Officer Standards and Training (POST) and DOJ to create a two-hour "Crime Victims with Disabilities" telecourse for law enforcement officers. Requires that every law enforcement agency that complies with POST training, provide this telecourse training for its officers. 7) Extends the sunset of the Domestic Violence Advisory Council until July 1, 2015. 8) Provides a process for a criminal background check of a non-licensed service provider in a vendor relationship with a regional center. Allows DOJ to charge a fee that covers all of its costs. 9) Creates the Abuse Victims with Disabilities Think Tank under the management of the California Emergency Management Agency (Cal-EMA), as specified. 10) Makes numerous legislative findings and declarations. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2009-10 2010-11 2011-12 Fund State Mandated Local Program Unknown, substantial costs General POST and DOJ Unknown, potentially significant costs General Sunset extension $100 $100 $100 Special* DSS tracking Unknown, potentially significant General Cal-EMA Think Tank Uknown, potentially significant costs General *Federal and Victims Services Account Page 2 SB 110 (Liu) STAFF COMMENTS: This bill meets the criteria for referral to the Suspense File. Several provisions of this bill are vague, and may create substantial additional workload on departments, depending upon how they are implemented. For example, various provisions of this bill place additional requirements on DOJ to participate in new activities and tasks. This bill mandates that POST and DOJ create a new training telecourse and mandates that virtually all law enforcement officials receive this new 2-hour training. This is a reimbursable mandate on local law enforcement officials. Two hours of the work time of ever law enforcement official will be substantial, and simple for counties and cities to price and request reimbursement. Staff recommends the author amend this bill to make the telecourse program participation optional. As currently written, in one provision of the bill it is required, and in another it is "strongly encouraged". This bill requires DSS to track additional information. Existing law requires DSS to track and maintain certain data on child deaths from abuse or neglect. This bill requires a child's disability information to be part of the data maintained and tracked. DSS has indicated that this would require a new field in the existing database system, which would cost more than $100,000 to create. The bill itself, however, does not specify a new field, but rather a plan (developed by DSS and stakeholders) for how to best track this information. It is possible that such a plan would not involve a new field in the system, and avoid system change costs. The bill requires that "the plan to track and maintain data shall be updated shall be updated by January 1, 2011." It is unclear if a plan for future implementation must be drafted by that date, or whether the data itself must be updated. Updating the data, regardless of deadline, to account for all previous cases, will involve a potentially substantial backlog. The numbers are unknown because DSS does not currently track disabilities in these cases. This bill extends the sunset of the existing Domestic Violence Advisory Council, which received finding and administrative support from Cal-EMA. Extending the sunset would extend the funding to this program. This bill requires Cal-EMA to establish the Abuse Victims with Disabilities Think Tank, and for this working group to convene once. All other goals and duties of the think tank specified by this bill are optional. There may be costs for Cal-EMA to create working group procedures and to recruit participants from departments, as well as specified "subject matter experts". Staff recommends that the "Abuse Victims with Disabilities Think Tank" be replaced by encouraging Cal-EMA to create a work group. This bill describes a body more often described as a work group, and a "think tank" conveys the impression of an extensive research institution and implies future funding. Encouragement language is appropriate, instead of mandating the creation, because only one meeting is required and every other aspect of the group is permissive, including its goals and future meetings.