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.