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.