BILL ANALYSIS                                                                                                                                                                                                    







                      SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Mark Leno, Chair                S
                             2009-2010 Regular Session               B

                                                                     1
                                                                     2
                                                                     9
          SB 1296 (Correa)                                           6
          As Amended:  April 7, 2010 
          Hearing date:  April 20, 2010
          Penal Code
          SM:dl

                         PEACE OFFICER TRAINING: PTSD AND TBI  

                                       HISTORY

          Source:  Department of Veterans Affairs

          Prior Legislation: SB 1531 (Correa) - Chap. 621, Statutes of  
          2008

          Support: Unknown

          Opposition:None known



                                      KEY ISSUES
           
          SHOULD POST BE REQUIRED TO MEET WITH THE DEPARTMENT OF VETERANS  
          AFFAIRS AND OTHER ORGANIZATIONS, AS SPECIFIED, THAT HAVE  
          EXPERTISE IN THE AREA OF TRAUMATIC BRAIN INJURY (TBI) AND  
          POST-TRAUMATIC STRESS DISORDER (PTSD) TO ASSESS THE TRAINING  
          NEEDED BY SPECIFIED PEACE OFFICERS, ON THE TOPIC OF RETURNING  
          VETERANS OR OTHER PERSONS SUFFERING FROM TBI OR PTSD?

          SHOULD THE COMMISSION, IF IT DETERMINES THAT THERE IS A NEED FOR  
          TRAINING ON TBI AND PTSD, BE REQUIRED TO CREATE AND MAKE  
          AVAILABLE ON DVD A COURSE ON HOW TO RECOGNIZE AND INTERACT WITH  




                                                                     (More)







                                                           SB 1296 (Correa)
                                                                      PageB

          RETURNING VETERANS OR OTHER PERSONS SUFFERING FROM TBI OR PTSD  
          DESIGNED FOR, AND MADE AVAILABLE TO, PEACE OFFICERS WHO ARE  
          FIRST RESPONDERS TO EMERGENCY SITUATIONS, AS SPECIFIED?
                                                                (CONTINUED)



          SHOULD THE COMMISSION BE REQUIRED TO DEVELOP THE TRAINING COURSE IN  
          CONSULTATION WITH THE DEPARTMENT OF VETERANS AFFAIRS AND APPROPRIATE  
          ORGANIZATIONS THAT HAVE EXPERTISE IN THE AREA OF TBI AND PTSD AND TO  
          MAKE THE COURSE AVAILABLE TO LAW ENFORCEMENT AGENCIES IN CALIFORNIA?

          SHOULD THE COMMISSION BE REQUIRED TO DISTRIBUTE, AS NECESSARY, A  
          TRAINING BULLETIN VIA THE INTERNET TO LAW ENFORCEMENT AGENCIES  
          PARTICIPATING IN THE COMMISSION'S PROGRAM ON THE TOPIC OF TBI AND  
          PTSD?

          SHOULD THE COMMISSION BE REQUIRED TO REPORT TO THE LEGISLATURE, NO  
          LATER THAN JUNE 30, 2012, ON THE EXTENT TO WHICH PEACE OFFICERS ARE  
          RECEIVING ADEQUATE TRAINING IN HOW TO INTERACT WITH PERSONS  
          SUFFERING FROM TBI OR PTSD?


                                       PURPOSE

          The purpose of this bill is to (1) require POST to meet with the  
          Department of Veterans Affairs and other organizations, as  
          specified, that have expertise in the area of traumatic brain  
          injury (TBI) and post-traumatic stress disorder (PTSD) to assess  
          the training needed by peace officers, who are first responders  
          in emergency situations, on the topic of returning veterans or  
          other persons suffering from TBI or PTSD; (2) provide that if  
          the commission determines that there is an unfulfilled need for  
          training on TBI and PTSD, require the commission to determine  
          the appropriate training format, as specified and, upon the next  
          regularly scheduled review of a training module relating to  
          persons with disabilities, create and make available on DVD a  
          course on how to recognize and interact with returning veterans  
          or other persons suffering from TBI or PTSD designed for, and  
          made available to, peace officers who are first responders to  




                                                                     (More)







                                                           SB 1296 (Correa)
                                                                      PageC

          emergency situations; (3) require the commission to develop the  
          training course in consultation with the Department of Veterans  
          Affairs and appropriate organizations that have expertise in the  
          area of TBI and PTSD and to make the course available to law  
          enforcement agencies in California; (4) require the commission  
          to distribute, as necessary, a training bulletin via the  
          Internet to law enforcement agencies participating in the  
          commission's program on the topic of TBI and PTSD; and (5)  
          require the commission to report to the Legislature, no later  
          than June 30, 2012, on the extent to which peace officers are  
          receiving adequate training in how to interact with persons  
          suffering from TBI or PTSD.


           Existing law  provides that by July 1, 2006, the Commission on  
          Peace Officer Standards and Training (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 the  
          commission 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, the commission shall also examine existing courses  
          certified by the commission that relate to mentally disabled  
          persons.  The commission shall make the course available to law  
          enforcement agencies in California.

          The course shall consist of classroom instruction and shall  
          utilize interactive training methods to ensure that the training  
          is as realistic as possible.  The course shall include, at a  
          minimum, core instruction in all of the following:

                 the cause and nature of mental illnesses and  
               developmental disabilities;
                 how to identify indicators of mental disability and how  
               to respond appropriately in a variety of common situations;
                 conflict resolution and de-escalation techniques for  
               potentially dangerous situations involving mentally  
               disabled persons;




                                                                     (More)







                                                           SB 1296 (Correa)
                                                                      PageD

                 appropriate language usage when interacting with  
               mentally disabled persons;
                 alternatives to lethal force when interacting with  
               potentially dangerous mentally disabled persons;
                 community and state resources available to serve  
               mentally disabled persons and how these resources can be  
               best utilized by law enforcement to benefit the mentally  
               disabled community; and
                 the fact that a crime committed in whole or in part  
               because of an actual or perceived disability of the victim  
               is a hate crime, as specified.

          (Penal Code  13515.25(a-b).)

           Existing law  provides that the commission shall submit a report  
          to the Legislature by October 1, 2004, that shall include all of  
          the following:

                   a description of the process by which the course was  
                established, including a list of the agencies and groups  
                that were consulted;
                   information on the number of law enforcement agencies  
                that utilized, and the number of officers that attended,  
                the course or other courses certified by the commission  
                relating to mentally disabled persons from July 1, 2001,  
                to July 1, 2003, inclusive;
                   information on the number of law enforcement agencies  
                that utilized, and the number of officers that attended,  
                courses certified by the commission relating to mentally  
                disabled persons from July 1, 2000, to July 1, 2001,  
                inclusive; and
                   an analysis of the Police Crisis Intervention Training  
                (CIT) Program used by the San Francisco and San Jose  
                Police Departments, to assess the training used in these  
                programs and compare it with existing courses offered by  
                the commission in order to evaluate the adequacy of mental  
                disability training available to local law enforcement  
                officers.(Penal Code  13515.25(c).)

           Existing law  states that the Legislature encourages law  




                                                                     (More)







                                                           SB 1296 (Correa)
                                                                      PageE

          enforcement agencies to include the course created in this  
          section, and any other course certified by the commission  
          relating to mentally disabled persons, as part of their advanced  
          officer training program.  (Penal Code  13515.25(d).)

           Existing law  states that it is the intent of the Legislature to  
          reevaluate, on the basis of its review of the report required in  
          subdivision (c), the extent to which law enforcement officers  
          are receiving adequate training in how to interact with mentally  
          disabled persons.  (Penal Code  13515.25(e).)
                                          
           This bill  would require POST to meet with the Department of  
          Veterans Affairs and community, local, or other state  
          organizations and agencies that have expertise in the area of  
          traumatic brain injury (TBI) and post-traumatic stress disorder  
          (PTSD) in order to assess the training needed by peace officers,  
          who are first responders in emergency situations, on the topic  
          of returning veterans or other persons suffering from TBI or  
          PTSD. 

           This bill  would, if the commission determines that there is an  
          unfulfilled need for training on TBI and PTSD, require the  
          commission to determine the training format that is both  
          fiscally responsible and meets the training needs of the  
          greatest number of officers.

           This bill  would, if the commission determines that there is an  
          unfulfilled need for training on TBI and PTSD, require the  
          commission, upon the next regularly scheduled review of a  
          training module relating to persons with disabilities, to create  
          and make available on DVD and may distribute electronically, or  
          provide by means of another form or method of training, a course  
          on how to recognize and interact with returning veterans or  
          other persons suffering from TBI or PTSD.  This course shall be  
          designed for, and made available to, peace officers who are  
          first responders to emergency situations.

           This bill  would require the training course to be developed by  
          the commission in consultation with the Department of Veterans  
          Affairs and appropriate community, local, or other state  




                                                                     (More)







                                                           SB 1296 (Correa)
                                                                      PageF

          organizations and agencies that have expertise in the area of  
          TBI and PTSD.  The commission would be required to make the  
          course available to law enforcement agencies in California.

           This bill  would further require the commission to distribute, as  
          necessary, a training bulletin via the Internet to law  
          enforcement agencies participating in the commission's program  
          on the topic of TBI and PTSD.

           This bill  would require the commission to report to the  
          Legislature, no later than June 30, 2012, on the extent to which  
          peace officers are receiving adequate training in how to  
          interact with persons suffering from TBI or PTSD.

           This bill  provides that its requirement for submitting a report  
          is inoperative on June 30, 2016, as specified.

           This bill  requires that the report is to be submitted as a  
          printed copy to both the Legislative Counsel and the Secretary  
          of the Senate, and as an electronic copy to the Chief Clerk of  
          the Assembly, and made available to the public in compliance  
          with the Government Code, as specified.

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
          
          The severe prison overcrowding problem California has  
          experienced for the last several years has not been solved.  In  
          December of 2006 plaintiffs in two federal lawsuits against the  
          Department of Corrections and Rehabilitation sought a  
          court-ordered limit on the prison population pursuant to the  
          federal Prison Litigation Reform Act.  On January 12, 2010, a  
          federal three-judge panel issued an order requiring the state to  
          reduce its inmate population to 137.5 percent of design capacity  
          -- a reduction of roughly 40,000 inmates -- within two years.   
          In a prior, related 184-page Opinion and Order dated August 4,  
          2009, that court stated in part:

               "California's correctional system is in a tailspin,"  
               the state's independent oversight agency has reported.  
               . . .  (Jan. 2007 Little Hoover Commission Report,  




                                                                     (More)







                                                           SB 1296 (Correa)
                                                                      PageG

               "Solving California's Corrections Crisis: Time Is  
               Running Out").  Tough-on-crime politics have increased  
               the population of California's prisons dramatically  
               while making necessary reforms impossible. . . .  As a  
               result, the state's prisons have become places "of  
               extreme peril to the safety of persons" they house, .  
               . .  (Governor Schwarzenegger's Oct. 4, 2006 Prison  
               Overcrowding State of Emergency Declaration), while  
               contributing little to the safety of California's  
               residents, . . . .   California "spends more on  
               corrections than most countries in the world," but the  
               state "reaps fewer public safety benefits." . . .  .   
               Although California's existing prison system serves  
               neither the public nor the inmates well, the state has  
               for years been unable or unwilling to implement the  
               reforms necessary to reverse its continuing  
               deterioration.  (Some citations omitted.)

               . . .

               The massive 750% increase in the California prison  
               population since the mid-1970s is the result of  
               political decisions made over three decades, including  
               the shift to inflexible determinate sentencing and the  
               passage of harsh mandatory minimum and three-strikes  
               laws, as well as the state's counterproductive parole  
               system.  Unfortunately, as California's prison  
               population has grown, California's political  
               decision-makers have failed to provide the resources  
               and facilities required to meet the additional need  
               for space and for other necessities of prison  
               existence.  Likewise, although state-appointed experts  
               have repeatedly provided numerous methods by which the  
               state could safely reduce its prison population, their  
               recommendations have been ignored, underfunded, or  
               postponed indefinitely.  The convergence of  
               tough-on-crime policies and an unwillingness to expend  
               the necessary funds to support the population growth  
               has brought California's prisons to the breaking  
               point.  The state of emergency declared by Governor  




                                                                     (More)







                                                           SB 1296 (Correa)
                                                                      PageH

               Schwarzenegger almost three years ago continues to  
               this day, California's prisons remain severely  
               overcrowded, and inmates in the California prison  
               system continue to languish without constitutionally  
               adequate medical and mental health care.<1>

          The court stayed implementation of its January 12, 2010 ruling  
          pending the state's appeal of the decision to the U.S. Supreme  
          Court.  That appeal, and the final outcome of this litigation,  
          is not anticipated until later this year or 2011.

           This bill  does not appear to aggravate the prison overcrowding  
          crisis described above.


                                      COMMENTS

          1.  Need for This Bill  

          According to the author:

               Traumatic Brain Injury (TBI) and Post Traumatic Stress  
               Disorder (PTSD) have been identified as the "signature  
               injuries" and "silent epidemics" affecting an  
               increasing number of veterans returning from recent  
               military conflicts.  It has been estimated that  
               300,000 Iraq and Afghanistan war veterans are  
               afflicted with PTSD.  Persons with TBI are often  
               referred to as the "walking wounded."  Their injuries,  
               mostly unnoticeable at first sight, pose certain  
               challenges to those who come in contact with them.   
               TBI and PTSD symptoms can sometimes include behaviors  
               of anger, hostility, and aggression. 
               ----------------------
          <1>   Three Judge Court Opinion and Order, Coleman v.  
          Schwarzenegger, Plata v. Schwarzenegger, in the United States  
          District Courts for the Eastern District of California and the  
          Northern District of California United States District Court  
          composed of three judges pursuant to Section 2284, Title 28  
          United States Code (August 4, 2009).




                                                                     (More)







                                                           SB 1296 (Correa)
                                                                      PageI


               SB 1296 will provide the necessary tools for peace  
               officers who are first responders to emergency  
               situations to recognize and interact with returning  
               veterans or other persons suffering from TBI and PTSD.  


          2.  What are PTSD and TBI  ?

          An article in the Journal of Rehabilitation Research &  
          Development describes PTSD and TBI as follows:

               Posttraumatic Stress Disorder
               
               Criteria and Symptoms
               As defined in the Diagnostic and Statistical Manual  
               (DSM)-Fourth Edition-Text Revised (DSM-IV-TR), PTSD is  
               an anxiety disorder comprising four major criteria:
               1. Exposure to or witnessing an event that is  
               threatening to one's well-being and responding with  
               intense fear, helplessness, or horror.
               2. Symptoms of re-experiencing, such as recurrent and  
               intrusive memories, nightmares, a sense of reliving  
               the trauma, or psychological and physiological  
               distress when reminded of aspects of the trauma.
               3. Avoidance of thoughts, feelings, or reminders of  
               the trauma, and the inability to recall parts of the  
               trauma, withdrawal, and emotional numbing.
               4. Arousal increases, as manifested in sleep  
               disturbance, irritability, difficulty concentrating,  
               hypervigilance, or exaggerated startle response.

               These symptoms must cause marked impairment in  
               functioning and persist for at least 1 month after the  
               trauma.  PTSD also has accompanying cognitive effects  
               that include impaired concentration and decision  
               making, memory impairment and confusion; behavioral  
               symptoms of increased relational conflict resulting in  
               social withdrawal, alienation, reduced relational  
               intimacy and impaired work and school performance; and  




                                                                     (More)







                                                           SB 1296 (Correa)
                                                                      PageJ

               somatic complaints of exhaustion, insomnia, headaches,  
               startle response, hyperarousal, and cardiovascular,  
               gastrointestinal, and musculoskeletal  
               disorders.(Posttraumatic Stress Disorder and  
               Posttraumatic Stress Disorder-LikeSymptoms and Mild  
               Traumatic Brain Injury, 895 JRRD Volume 44, Number 7,  
               2007, Pages 895-920, Journal of Rehabilitation  
               Research & Development.)

               Traumatic Brain Injury

               Mechanisms and Criteria
               TBI may arise from physical damage by external blunt  
               or penetrating trauma to the head, skull, dura, or  
               brain or from acceleration-deceleration movement such  
               as whiplash or coup-contrecoup, resulting in tearing  
               or shearing of nerve fibers and bruising or contusion  
               of the brain against opposite sides of the skull.  
               Scraping of the brain across the rough bony base of  
               the skull can cause contusion and can also affect the  
               olfactory, oculomotor, optic, and acoustic nerves,  
               leading to anosmia (total loss of the sense of smell,  
               reduction of taste), double and/or blurred vision, and  
               dizziness and/or vertigo.  These symptoms usually  
               remit after days and weeks as the damaged axons in  
               those nerves recover or grow back to reinnervate the  
               sensory receptors or muscles.

                                    * * * * * * *

               Symptoms
               With most TBIs, a set of postconcussive symptoms occur  
               immediately after brain injury and can include  
               cognitive deficits in memory, attention, and  
               concentration; physical or somatic complaints of  
               fatigue, disordered sleep, dizziness, and headache;  
               and affective complaints of irritability, anxiety, and  
               depression. In evaluating the symptoms associated with  
               TBI, clinicians should account for multiple factors  
               related to the characteristics of the individual  




                                                                     (More)







                                                           SB 1296 (Correa)
                                                                      PageK

               injured, severity of the injury, and the time interval  
               from injury to evaluation that can influence the level  
               of functional and cognitive performance [14].  Mild  
               TBI can cause cognitive deficits not only in speed of  
               information processing, attention, and memory in the  
               immediate postinjury period but also in motor skills  
               and new problem-solving and general intellectual  
               skills [15].

               Fortunately, good recovery of postconcussive deficits  
               can be expected over a time ranging from 4 to 12 weeks  
               for the majority of patients with mild TBI cases.  
               However, some patients may recover much more slowly,  
               with symptoms lingering for several more months [16]  
               or even years [17].  In terms of the emotional  
               sequelae of TBI, Rao and Lyketsos state the most  
               common post-TBI anxiety symptoms include  
               "free-floating anxiety, fearfulness, intense worry,  
               generalized uneasiness, social withdrawal,  
               interpersonal sensitivity and anxiety dreams" [18].  
               These symptoms are also similar to characteristic PTSD  
               symptoms and therefore can be a problematic overlap in  
               considering PTSD incidence rates in those persons with  
               mild TBI. (Id.)

          3.  TBI in California  

          In January 2010, the Senate Office of Research prepared an  
          "Overview of Traumatic Brain Injury in California," for the  
          Senate Health Committee.  It found:

               The Centers for Disease Control estimate 1.4 million  
                                                                                   Americans receive Traumatic Brain Injuries annually.  
               TBI is an injury sustained after birth from an  
               external force to the brain or any of its parts that  
               results in psychological, neurological or anatomical  
               changes in brain functions. Nationwide, the CDC  
               identifies 5.3 million Americans as having long-term  
               or lifelong disabilities associated with TBI,  
               including 350,000 Californians. Approximately 50,000  




                                                                     (More)







                                                           SB 1296 (Correa)
                                                                      PageL

               people die annually from TBI. Medical and indirect  
               costs, such as lost productivity, totaled $60 billion  
               nationally in 2000.

               More than a quarter of the TBI cases result from  
               falls, another 20 percent are the result of vehicle  
               accidents and 30 percent are from either assaults or  
               blows. Additionally, there are two, recent,  
               high-profile population TBI patients: 

            4    Athletes, especially football players. Spurred by a  
               June 2009 study at a brain trauma research center  
               based at Boston University that showed six of six  
               ex-NFL football players had extensive TBI from playing  
               the sport, a controversy has continued to play out  
               through the fall about whether concussions in sports  
               lead to lifelong brain trauma. 
            4    Iraqi and Afghanistan war veterans. The U.S.  
               Department of Veteran's Affairs, which established a  
               TBI administration after the Gulf War, noted that  
               while 14 percent of previous war veterans had TBI,  
               this war's brain injured veterans is "much higher."  
               Some providers estimate that 60 percent of injured  
               vets also have TBI. 

               Long term symptoms of Traumatic Brain Injury include  
               memory loss, physical aggression, depression,  
               difficulty expressing thoughts or understanding  
               others, seizures, impaired social skills and  
               inappropriate sexual activity, inability to accept  
               limitations and heightened risk of Alzheimer's. 

               In California, funds from traffic and other motor  
               vehicle fines are diverted into a variety of funds,  
               including a Traumatic Brain Fund.<2> In FY 2009-2010  
               the fund total was $1.05 million. This finances seven  
               Traumatic Brain Injury Services of California centers  
               ----------------------
          <2> California Penal Code Section 1464(f)(8)(A) directs 0.66  
          percent of fees be transferred into the Traumatic Brain Injury  
          fund.



                                                                     (More)







                                                           SB 1296 (Correa)
                                                                      PageM

               throughout the state, which provide referrals and  
               written materials to TBI survivors. 

               With 350,000 TBI survivors, California has the highest  
               number of any state. Yet, according to a 2004 summary  
               of state TBI trust funds, California allocates fewer  
               total dollars to its TBI trust fund than many states,  
               including Kentucky, Louisiana, New Mexico and  
               Oklahoma. 

                                   ***************

































                                                                     (More)











          4.  Our Responsibility to the Injured 

          A 2008 RAND Corporation study of the effects of these hidden  
          types of injuries on service members concluded:

               Treating the Invisible Wounds of War

               Addressing PTSD, depression, and TBI among those who  
               deployed to Afghanistan and Iraq is a national  
               priority. But it is not an easy undertaking. The  
               prevalence of such wounds is high and may grow as the  
               conflicts continue. And long-term negative  
               consequences are associated with these conditions if  
               they are not treated with evidence-based,  
               patient-centered, efficient, equitable, and timely  
               care. The systems of care available to address these  
               wounds have been improved significantly, but critical  
               gaps remain.

               The nation must ensure that quality care is available  
               and provided to military veterans now and in the  
               future. As a group, the veterans returning from  
               Afghanistan and Iraq are predominantly young, healthy,  
               and productive members of society. However, about a  
               third are currently affected by PTSD or depression, or  
               report exposure to a possible TBI while deployed.  
               Whether the TBIs will translate into any lasting  
               impairments is unknown. In the absence of knowing,  
               these injuries cause great concern for servicemembers  
               and their families. These veterans need our attention  
               now to ensure successful adjustment post-deployment  
               and full recovery.

               Meeting the goal of providing care for these service  
               members will require systemlevel changes, which means  
               expanding the nation's focus to consider issues not  
               just within DoD and the VA, from which the majority of  
               veterans will receive benefits, but also across the  
               overall U.S. health care system, in which many will  




                                                                     (More)







                                                           SB 1296 (Correa)
                                                                      PageO

               seek care through other, employer-sponsored health  
               plans and in the public sector (e.g., Medicaid).  
               System-level changes are essential if the nation is to  
               have the resources it needs to meet its responsibility  
               not only to recruit, prepare, and sustain a military  
               force but also to address Service-connected injuries  
               and disabilities.


          ARE PERSONS SUFFERING FROM TBI OR PTSD MORE LIKELY TO HAVE  
          DIFFICULT ENCOUNTERS WITH LAW ENFORCEMENT? 

          WOULD IT BE HELPFUL TO LAW ENFORCEMENT AND THE PUBLIC TO BE  
          FAMILIAR WITH THE SYMPTOMS OF THESE CONDITIONS AND HOW TO  
          REACT TO THEM?

          SHOULD THE POST COMMISSION BE REQUIRED TO DETERMINE, AS  
          SPECIFIED, IF ADDITIONAL TRAINING FOR PEACE OFFICERS IS  
          NEEDED IN DEALING WITH PERSONS WITH PTSD OR TBI?

          SHOULD THE COMMISSION BE REQUIRED, IF IT DETERMINES THAT  
          ADDITIONAL TRAINING IS NEEDED, TO DEVELOP AND MAKE  
          AVAILABLE THAT ADDITIONAL TRAINING, AS SPECIFIED?


                                 **************