BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 110
                                                                  Page 1

          Date of Hearing:   June 15, 2010
          Counsel:                Kimberly A. Horiuchi


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                     SB 110 (Liu) - As Amended:  January 26, 2010
                       As Proposed to be Amended in Committee


           SUMMARY  :    Authorizes every local law enforcement agency that  
          participates in the Peace Officer Standards and Training (POST)  
          program to provide training to its peace officers using a  
          telecourse related to crime victims with disabilities each time  
          that telecourse is updated, as specified.  Specifically,  this  
          bill  :   

          1)Renames "interagency elder death teams" to "elder and  
            dependent adult death review teams" and expands the authority  
            of those teams to include dependent adult abuse and neglect,  
            as specified. 

          2)Requires the Department of Developmental Services (DDS) to  
            either immediately report a case of suspected abuse or neglect  
            of a developmentally disabled person held in custody to the  
            police or sheriff or to ascertain the facts and then report  
            confirmed cases of abuse to the police or sheriff's  
            department, as specified. 

          3)Provides that when DDS has reason to believe that any person  
            with a developmental disability who receives community service  
            through a regional center has been the victim of a crime, DDS  
            shall report the case immediately to the local police or  
            sheriff's department that has jurisdiction.  These reporting  
            requirements are in addition to, and do not substitute for,  
            the reporting requirements of mandated reporters. 

          4)Includes in the definition of "evidence that the person is at  
            risk" for purposes of tracking in the Violent Crime  
            Information Center, that the person missing has a mental  
            impairment. 

          5)Provides that the training outlined in this bill, as  
            specified, only apply when POST or the Bureau of Medi-Cal  








                                                                  SB 110
                                                                  Page 2

            Fraud and Elder Abuse produces new training materials relevant  
            to dependent adult abuse or other crimes against persons with  
            disabilities, or when the POST or Bureau of Medi-Cal Fraud and  
            Elder Abuse updates existing materials relevant to those  
            subjects.

          6)Requires POST when producing or updating any such training  
            materials to consult with the Bureau of Medi-Cal Fraud and  
            Elder Abuse and other subject matter experts. 

          7)Provides that local law enforcement agencies, and state law  
            enforcement agencies with jurisdiction, have concurrent  
            jurisdiction to investigate elder and dependent adult abuse  
            and all other crimes against elder victims and victims with  
            disabilities.


          8)Requires POST to include in the course of training, as  
            specified, training on the special problems of investigating  
            and prosecuting sexual assault crimes, as specified, when  
            committed against individuals with disabilities.

          9)Requires any new or updated training materials to include:

             a)   The jurisdiction and responsibility of law enforcement  
               agencies pursuant to amended provisions of the Penal Code;

             b)   The fact that the protected classes of "dependent  
               persons" as defined in provisions of the law related to  
               child molestation and "dependent adults" as defined in  
               provisions related to elder abuse include many persons with  
               disabilities, regardless of the fact most of these persons  
               actually live independently; and,

             c)   Other relevant information and laws.  

          10)States that when POST offers or provides new or updated  
            training materials, as specified, POST may also inform the law  
            enforcement agencies of other relevant training materials that  
            may be available. 

          11)Makes other technical changes to include the phrase  
            "dependent adult" or "persons with disabilities". 

           EXISTING LAW  :








                                                                  SB 110
                                                                  Page 3


          1)States 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; by a  
            fine not to exceed $6,000; by both that fine and imprisonment;  
            or by imprisonment in the state prison for two, three, or four  
            years.  [Penal Code Section 368(b)(1).]

          2)Provides, if in the commission of an offense described in  
            existing law, the victim suffers great bodily injury, 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;  
               and,

             c)   If in the commission of an offense described, the  
               defendant proximately causes the death of the victim, the  
               defendant shall receive an additional term in the state  
               prison as follows: five years if the victim is under 70  
               years of age or seven years if the victim is 70 years of  
               age or older.  [Penal Code Section 368(a)(1) to (3).]

          3)States 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 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  








                                                                  SB 110
                                                                  Page 4

            of a misdemeanor.  A second or subsequent violation of this  
            subdivision is punishable by a fine not to exceed $2,000; by  
            imprisonment in a county jail not to exceed one year; or by  
            both that fine and imprisonment.

          4)Provides that any person who is not a caretaker and who  
            violates any provision of law proscribing theft, embezzlement,  
            forgery, or fraud, or who violates existing law 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  
            two, three, or four 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 $1,000; 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 Section 368(d).]

          5)Defines "disability" as a developmental disability, as defined  
            in federal law, a mental illness, as defined in federal law, a  
            disability within the meaning of the Americans with  
            Disabilities Act of 1990, as specified, or a disability within  
            the meaning of the California Fair Employment and Housing Act.  
             [Welfare and Institutions Code Section 4900(d).]

          6)Requires that by July 1, 2006, POST shall establish and keep  
            updated a continuing education classroom training course  
            relating to law enforcement interaction with mentally disabled  
            persons.  The training course shall be developed by POST in  
            consultation with appropriate community, local, and state  
            organizations and agencies that have expertise in the area of  
            mental illness and developmental disability, and with  
            appropriate consumer and family advocate groups.  In  
            developing the course, POST shall also examine existing  
            courses certified by POST that relate to mentally disabled  
            persons.  POST shall make the course available to law  
            enforcement agencies in California.  [Penal Code Section  
            13515.25(a).]

           FISCAL EFFECT  :   Unknown

          COMMENTS  :   








                                                                  SB 110
                                                                  Page 5


           1)Author's Statement  :  According to the author, "SB 110  
            addresses the problem of crimes against people with  
            disabilities.  Research tells us that crimes against people  
            with disabilities are widespread.  Law enforcement and the  
            public can improve prevention, investigation, prosecution, and  
            even the reporting of these crimes.  This bill contains  
            provisions to address these challenges of prevention,  
            reporting, investigation, and prosecution.  Each of this  
            bill's provisions alone is modest, but together they should  
            help law enforcement make a significant dent in what has been  
            called 'the invisible epidemic' of crimes against people with  
            disabilities.  This bill has bipartisan support, as well as  
            significant support from law enforcement and from  
            organizations serving persons with disabilities.  Recent  
            amendments eliminate any costs."

           2)Background  :  According to information provided by the author,  
            Professor Joan Petersilia of the Stanford Law School Criminal  
            Justice stated, "In the past twenty years, I have conducted  
            dozens of studies on the criminal justice system and made  
            recommendations, but none seem so important as revising  
            procedures so that law enforcement receives the proper  
            training and jurisdiction over the crimes committed against  
            this vulnerable population.  I chaired the National Research  
            Council's congressionally mandated study on crime victims with  
            disabilities.  That study was the only study ever conducted to  
            glean the victimization and enforcement of crimes against  
            persons with disabilities.  You can find the complete report  
            entitled Crime Victims with Developmental Disabilities (2001)  
            at the National Academic Press;  
             www.nap.edu/catalog.php?record_id=10042  .  That important study  
            documented the very high victimization rates (a conservative  
            estimate is that people with developmental disabilities are 4  
            to 10 times more likely to be victims of crimes that other  
            people are).  

          "These high victimization rates are coupled with very low  
            prosecutions and conviction rates.  Part of the challenge is  
            identifying and successfully prosecuting these cases in the  
            difficulty initially identifying the victim as disabled.  If  
            the victim were identified as a person with a disability,  
            collecting data at the crime scene and immediately after would  
            more likely support a successful investigation and  
            prosecution.  Perpetrators quickly learn that there are no  








                                                                  SB 110
                                                                  Page 6

            consequences to victimizing a person with a disability because  
            the cases 'don't stick'.

          "Law enforcement training is the key.  As we documented in that  
            national study, most law enforcement are unable to distinguish  
            between mental illness and developmental disabilities-and  
            aren't sensitized or trained specifically on how to interview  
            and collect data from a person who is disabled.  After the  
            National Academy Report, Crime Victims with Developmental  
            Disabilities, was published, I did training of law enforcement  
            officers on these issues and always got feedback about how  
            critically important the information was.  Law enforcement  
            (including prosecutors and judges) were unaware of the unique  
            aspects related to persons with disabilities, and so their  
            interviewing techniques were not sensitive, and often the  
            victim shut down or become fearful during investigation and  
            court proceedings.  With training, this can be avoided."

           3)Protection & Advocacy Report  :  In 2003, Protection & Advocacy  
            issued a report, Abuse and Neglect of Adults with  
            Developmental Disabilities & the System's Failure to Provide  
            Equal Protection:  A Public Health Priority for the State of  
            California.  The report made several recommendations regarding  
            the most effective ways to confront the problem of abuse and  
            neglect of disabled people:

          "Similar findings have been documented from studies of  
            Californians with disabilities.  Hard (1986) found that, of 95  
            adult Californians with developmental disabilities surveyed,  
            83% of the women and 32% of the men had been sexually  
            assaulted.  A later study of San Francisco Bay area residents  
            with mild mental retardation found that nearly 80% of the  
            women and 54% of the men had been sexually abused at least  
            once (Stromsness, 1993).  

          "While many feel that living in the community carries inherent  
            risks, it is notable that some studies have found that crime  
            rates are higher for victims with disabilities in  
            institutions, group homes and other segregated facilities  
            (Sobsey & Mansell, 1990; Roeher Inst., 1994).  Adding to these  
            alarming incidence rates, studies show that people with  
            disabilities are more likely to experience more severe abuse,  
            experience abuse for a longer duration, be victims of multiple  
            episodes, and be victims of a larger number of perpetrators  
            (Schaller & Fieberg, 1998; Sobsey & Doe, 1991; Young et al.,  








                                                                  SB 110
                                                                  Page 7

            1997).

          "The authors are aware that some of the above data must be  
            interpreted cautiously.  Accurate estimates regarding the  
            incidence of abuse or neglect of persons with developmental  
            disabilities specifically are difficult to obtain.   
            Consequently, some research referenced in this report comes  
            from studies of individuals with a broad range of  
            disabilities.  Much of the research on victimization of people  
            with disabilities does not delineate specific sub-populations.  
             Public records of violence against individuals usually do not  
            indicate whether or not the victim has a disability, let alone  
            a developmental disability (Curry et al., 2001).  

          "Reliable studies focusing specifically on Californians with  
            developmental disabilities who have been victims of physical  
            or sexual abuse are small in number.  Furthermore, there is no  
            coordinated system to collect data on and track outcomes of  
            victims with disabilities from the initial allegation, to the  
            initial report, to prosecution and finally to conviction.   
            However, most experts agree that research findings involving  
            other groups of people with disabilities should be viewed as  
            under-estimates for persons with developmental disabilities.

          "Regardless of the type of disability or whether the abuse is  
            emotional, physical, or sexual, people who provide care and  
            support to individuals with disabilities are often the same  
            people who victimize them - people the victims know and trust  
            (Petersilia et al., 2001; Nosek et al, 1997; Marchetti &  
            McCartney, 1990).  It is estimated that risk of abuse  
            increases by 78% due to the vulnerability of people with  
            developmental disabilities and their need for personal  
            assistance services (c.f., Sobsey and Doe, 1991; Young et al.,  
            1997; Curry & Powers, 1999).  In a survey of individuals with  
            disabilities who had been abused, 96% of the cases involved  
            perpetrators who were known to their victim (Sobsey and Doe,  
            1991).  The largest group of offenders (44%) were individuals  
            who had a relationship with the victim specifically because of  
            their disability (27.7% disability service providers, 5.4%  
            specialized transportation, 4.3% specialized foster parents  
            and 6.5% other disabled individuals).  Mansell et al. (1992)  
            similarly found that 26% of perpetrators were paid care givers  
            providing services related to the victim's disability and 11%  
            were other service providers. 









                                                                  SB 110
                                                                  Page 8

          "Homes and other residences are the most common setting for  
            abuse (Sobsey, 1994; Furey, 1994; Turk & Brown, 1992).  One  
            study found that 58% of the offenses took place in the homes  
            of either the victim (48%) or the perpetrator (10%) (Turk and  
            Brown, 1992).  As individuals with developmental disabilities  
            have access to a wider array of living arrangements, states  
            must ensure that systems are in place to prevent abuse not  
            only in congregate facilities, but also in the community.

          "Law enforcement must be required to periodically and regularly  
            complete the POST eight-hour advanced officer training course,  
            entitled, Police Response to People with Mental Illness or  
            Developmental Disabilities.  Similarly, there must be periodic  
            training provided to local prosecutors and judicial personnel  
            specifically regarding crimes against persons with  
            disabilities, including requesting and providing necessary  
            accommodations.  APS and licensing agencies (for facilities  
            and licensed care providers) should develop and implement a  
            similar training component regarding conducting investigations  
            involving victims with developmental disabilities.

           4)Prior Legislation  :  AB 2038 (Lieber), of the 2007-2008  
            Legislative Session, would have replaced the phrase "dependant  
            adult" with the phrase "adult with disability" when referring  
            to a person described under existing law as a person between  
            the ages of 18 and 64 who has a physical or mental limitation  
            which restricts or substantially restricts his or her ability  
            to carry out normal activities or to protect his or her  
            rights, as specified.  AB 2039 was held on the Senate  
            Committee on Appropriations' Suspense File.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Alliance of California Autism Organization
          Arc of California
          Arc of Riverside
          Arc of South Bay
          California Coalition Against Sexual Assault
          California Commission on the Status of Women
          California Communities United Institute
          California Foundation for Independent Living Centers
          California Partnership to End Domestic Violence
          California State Council on Developmental Disabilities








                                                                  SB 110
                                                                  Page 9

          Child Abuse Prevention Center
          Congress of California Seniors
          Crime Victims Action Alliance
          Crime Victims United
          Disability Rights California
          Easter Seals
          Housing NOW
          Joan Petersilia, Co-Director, Stanford Law School Center on  
          Criminal Justice
          Orange County Arc
          Sacramento Homeless Organizing Committee
          Sacramento Housing Alliance
          Sacramento Loaves & Fishes
          Taxpayers from Improving Public Safety
          One private individual

           Opposition 
           
          None
           

          Analysis Prepared by  :    Kimberly Horiuchi / PUB. S. / (916)  
          319-3744