BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair 110 (Liu) Hearing Date: 01/21/2010 Amended: 01/04/2010 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 and statutory changes 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) Allows counties to add dependent adult cases to any elder death review teams and protocols they may already have. 5) 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. 6) Extends the sunset of the Domestic Violence Advisory Council until July 1, 2015. 7) Creates new reporting requirements for the Department of Developmental Services (DDS). 8) 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 Unknown, potentially significant costs General Sunset extension Unknown, potentially significant costs General DDS reporting requirements Likely minor General _________________________________________________________________ ____ STAFF COMMENTS: SUSPENSE FILE. This bill mandates that POST create a new training telecourse and mandates that virtually all law enforcement officials are "strongly encouraged by the legislature" or "shall, to the extent that it does not constitute a local mandate" receive this new 2-hour training. Implementation and enforcement are unclear. Two hours of the work time of ever law enforcement official will be substantial, and simple for counties and cities to Page 2 SB 110 (Liu) 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 DOJ to 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 about new laws which were a part of previous versions of this bill and which have been amended out of this bill (and thus, will not be law). 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 that whenever DDS believes a developmentally disabled person held in custody is the victim of a crime (including neglect), DDS must report the case immediately to the local police department or sheriff's office that has jurisdiction, or ascertain the facts itself, and then report the information to local law enforcement. The increased workload on DDS is likely minor, since these provisions are largely consistent with existing practice. Several provisions of this bill are vague and may require significant additional workload for various interagency and local death review teams. Because statute governing local death review teams is permissive, these new requirements do not constitute reimbursable mandates.