BILL ANALYSIS
SB 110
Page 1
Date of Hearing: June 29, 2009
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Jim Beall, Jr., Chair
SB 110 (Liu) - As Amended: June 23, 2010
SENATE VOTE : 31-1
SUBJECT : People with disabilities: victims of crime
SUMMARY : Expands the scope of selected provisions related to
elders who are victims of crimes, abuse, or neglect to include
non-elder dependent adults, including provisions related to law
enforcement training and county interagency death review teams.
Specifically, this bill :
1)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.
2)Provides that adult and child protective services agencies and
local long-term care ombudsman programs also have jurisdiction
to investigate elder and dependent adult abuse, and may assist
local law enforcement agencies in criminal investigations at
the law enforcement agencies' request.
3)Provides that notwithstanding any provision of law to the
contrary, law enforcement agencies retain exclusive
responsibility for criminal investigations involving elder and
dependent abuse.
4)Provides that investigations of instances of physical and
financial abuse in long-term care facilities are the
responsibility of the local law enforcement agency in addition
to the long-term care ombudsman program.
5)Provides that investigation of abuse outside of long-term care
facilities is the responsibility of local law enforcement in
addition to the county adult protective service agency or
another public agency with jurisdiction.
6)Renames "interagency elder death teams" to "elder and
dependent adult death review teams" and expands the authority
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of those teams to include dependent adult abuse and neglect,
as specified.
7)Provides that when new materials are developed or updated for
law enforcement elder and dependent adult abuse training
courses certified by the Commission on Peace Officer Standards
and Training (POST), POST shall consult with the Bureau of
Medi-Cal Fraud and Elder Abuse and other subject matter
experts.
8)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.
9)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.
10)Provides 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)Requires that the advisory committee to the Office of
Criminal Justice Planning established to develop a course of
training for district attorneys in the investigation and
prosecution of sexual assault cases, child sexual exploitation
cases, and child sexual abuse cases include one expert on
crimes against persons with disabilities appointed by the
Commission on the Status of Women. Requires that this
appointment shall be effective upon the occurrence of the
first vacancy for a member appointed by the Commission on or
after January 1, 2011, except for a vacancy for a member who
represents a rape crisis center or a member who is a medical
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professional.
12)Clarifies that the appropriate law enforcement agency to
which a developmental center for people with developmental
disabilities must report resident deaths and serious injuries
of unknown origin is the appropriate "local" law enforcement
agency, and provides that such reporting requirements are in
addition to any reporting requirements of mandated reporters.
13)Makes other technical changes to include the phrase
"dependent adult" or "persons with disabilities."
EXISTING LAW
1)Defines "dependent adult" as any person who is between the
ages of 18 and 64, who has physical or mental limitations
which restrict his or her ability to carry out normal
activities or to protect his or her rights, including, but not
limited to, persons who have physical or developmental
disabilities or whose physical or mental abilities have
diminished because of age. "Dependent adult" includes any
person between the ages of 18 and 64 who is admitted as an
inpatient to a 24-hour health facility. (Penal Code Section
368(h).)
2)Defines "elder" as any person who is 65 years of age or older.
(Penal Code Section 368(g).)
3)Authorizes counties to establish an interagency elder death
review team to assist local agencies in identifying and
reviewing suspicious elder deaths and facilitating
communications among persons who perform autopsies and persons
involved in the investigation or reporting of elder abuse or
neglect.
4)Regulates the procedures and practices of long-term care
ombudsman programs, adult protective services agencies, and
certain state agencies relative to the protection,
investigation, and reporting of suspected crimes involving
people with disabilities.
5)Provides for the creation of an advisory committee, consisting
of 11 members, six of whom are members of the public appointed
by the Commission on the Status of Women, responsible for
developing a course of training for district attorneys in the
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investigation and prosecution of sexual assault cases, child
sexual exploitation cases, and child sexual abuse cases.
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).)
7)Requires that a developmental center administered by the
Department of Developmental Services immediately report all
resident deaths and serious injuries of unknown origin to the
appropriate law enforcement agency, which may, at its
discretion, conduct an independent investigation.
FISCAL EFFECT : Unknown
COMMENTS : According to the author:
Crime against people with disabilities has been called
an "invisible epidemic," comparable to domestic
violence before society awakened to the horror and
widespread extent of that terrible problem. Elders
including those with age-related disabilities,
children with disabilities, homeless people with
disabilities, and people with disabilities in care,
incarceration, and treatment facilities are among
those most often victimized. Women and men with
disabilities are at high risk of sexual assault and
domestic violence. Perpetrators are often caregivers.
Lack of adequate training and unclear jurisdiction
often make law enforcement ineffective.
The bill takes various small steps to improve peace
officer training and to bring increased knowledge to
state agencies and to local law enforcement.
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People with developmental or intellectual disabilities are
a particularly vulnerable group. The federal Crime Victims
with Disabilities Awareness Act (Public Law 105-301)
directed the attorney general of the United States to
conduct a study to increase knowledge and information about
crimes against individuals with developmental disabilities.
Pursuant to that mandate, the National Research Council
(NRC) of the National Academies of Sciences convened a
workshop to discuss the state of research in this area,
which resulted in publication of a report, entitled Crime
Victims with Developmental Disabilities: Report of a
Workshop (National Academy Press 2001), available at
www.nap.edu/catalog.php?record_id=10042 (NRC Report). The
NRC Report (p. 11) cites one review of research concluding
that people with developmental disabilities are 4 to 10
times more likely to be victims of crimes than other
people. One study, for example, found that 83% of women
with intellectual disabilities in their sample had been
sexually assaulted and that, of those, nearly 50% had been
sexually assaulted 10 or more times. Id .
The NRC Report discusses numerous barriers to the
participation in the criminal justice system of crime
victims with developmental disabilities, including barriers
related to the intent of this bill. For example, "[p]olice
and prosecutors may see them as unreliable witnesses and be
reluctant to bring charges. People with developmental
disabilities may require support, such as a specialized
advocate, to assist them in dealing with the criminal
justice system, from dealing with the police investigating
the crime through the entire court process. ? The criminal
justice system has begun to make changes to accommodate the
needs of people with disabilities, but much remains to be
done in the areas of training law enforcement and court
personnel and in providing advocates and other resources to
people with disabilities." Id . at 55-6.
In 2003, Disability Rights California (then called,
Protection & Advocacy, Inc.) coauthored a report, entitled
Abuse and Neglect of Adults with Developmental
Disabilities: A Public Health Priority for the State of
California , available at
http://disabilityrightsca.org/pubs/701901.pdf (DRC Report).
The DRC Report (p. 2) cites to studies finding that, for
example, 71% of crimes against people with severe mental
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retardation go unreported, and 80-85% of criminal abuse of
residents in institutions never reach the proper
authorities. Relevant to this bill, the DRC Report notes
that rules and regulations on reporting requirements are
circuitous and lead to inconsistent outcomes. Id . at 15.
Also, the DRC Report concludes, many investigators lack
expertise in conducting abuse and neglect investigations
involving victims with developmental disabilities. Id . at
17. Among the DRC Report's recommendations is that "[a]ll
agencies involved in the abuse response system must receive
mandatory training regarding working with individuals with
developmental disabilities.
Several of the findings and recommendations of the DRC
Report related to people with developmental disabilities
are relevant to this bill, which more broadly addresses the
need to define responsibilities of, and improve training
for law enforcement and other agencies involved with
reporting, investigating or prosecuting abuse, neglect, and
other crimes involving victims who are dependent adults.
SECOND COMMITTEE OF REFERENCE . This bill was previously heard
in the Assembly Public Safety Committee on June 15, 2010, and
was approved on a 7-0 vote.
REGISTERED SUPPORT / OPPOSITION :
Support
The Arc of California (sponsor)
Alliance of California Autism Organizations (ACAO)
Autism Society of America San Diego Co.
California Coalition Against Sexual Assault (CALCASA)
California Commission on the Status of Women
California Foundation for Independent Living Centers (CFILC)
California Partnership to End Domestic Violence (CPEDV)
California State Council of Developmental Disabilities
Child Abuse Prevention Center
Congress of California Seniors
Crime Victims Action Alliance (CVAA)
Crime Victims United of California
Disability Rights California
Easter Seals
Housing Alliance
Housing Now
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IBAR Settlement Company, Inc.
Loaves & Fishes
Orange County ARC
Sacramento Housing Organizing Committee
The Arc Riverside
The Arc South Bay
2 individuals
Opposition
Taxpayers for Improving Public Safety (TIPS)
Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089