BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           1296 (Correa)
          
          Hearing Date:  05/27/2010           Amended: 04/07/2010
          Consultant:  Jacqueline Wong-HernandezPolicy Vote: Public Safety  
          7-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY:  This bill is requires Commission on Peace Officer  
          Standards and Training (POST) to meet with the Department of  
          Veterans Affairs (DVA) 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. This bill provides that if POST  
          determines that there is an unfulfilled need for training on TBI  
          and PTSD, it is required 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  
          emergency situations. This bill requires POST to develop the  
          training course in consultation with DVA 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. This bill requires the POST 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 requires POST 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.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions            2010-11      2011-12       2012-13    Fund
           
          POST training development        $88-150          $88-150         
           Likely minor       General
          _________________________________________________________________ 










          ____

          STAFF COMMENTS: SUSPENSE FILE.
          
          Many requirements of this bill are vague; thus, it is difficult  
          to determine how much it might cost to implement its provisions  
          because they are open to interpretation.  Additionally, the  
          majority of the expense identified in the Fiscal Impact summary  
          hinges on whether or not POST determines that additional peace  
          office training in PTSD and TBI is needed. This bill gives POST  
          the authority to make that determination, and then take an  
          action on its recommendation that may result in significant  
          General Fund costs.

          This bill requires POST to work with DVA and unspecified expert  
          organizations to determine if peace officers need more training  
          on PTSD and TBI. If POST determines that more training in these  
          areas is needed, it is required to determine the appropriate  
          training format and to create the training course concerning  
          PTSD and TBI. The workload associated with convening this work  
          group, and studying the availability (or 
          Page 2
          SB 1296 (Correa)

          lack thereof) of PTSD and TBI training depends on the extent of  
          its work product. If the group convenes and decides that there  
          is no need for additional training, the provisions of the bill  
          would be complete, and might be accomplished with existing  
          resources.

          If POST determines that there is an unmet need for PTSD and TBI  
          training, this bill requires the commission to develop a new  
          training that is most appropriate and "fiscally responsible".  
          The costs identified in the Fiscal Impact are for POST to  
          develop this training DVD and training bulletin, make them  
          available to all law enforcement agencies, and to collect  
          information on local law enforcement training to report back to  
          the legislature. If POST creates telecourse, the all-inclusive  
          cost is $116,000. If POST creates a learning portal computer  
          course, it will cost approximately $300,000. This bill leaves  
          that decision to POST. The training would have to be developed  
          during calendar year 2011, between the time this bill becomes  
          law (on January 1, 2011) and the time it is expected to be  
          implemented to the degree that data would be available to report  
          to the Legislature by June 30, 2012.











          This bill specifies that this training will be created upon the  
          next regularly scheduled review of a training module relating to  
          persons with disabilities, but it also authorizes POST to  
          determine the best training format. There are, however, several  
          possibly problematic directives in the bill. It is not clear 1)  
          if the persons with disabilities training module would be  
          updated in 2011, in order to meet the bill's timeline*; 2) if  
          adding TBI and PTSD to the disabilities training module is the  
          most appropriate way to implement the training; 3) if the  
          authority granted to POST to decide on the best training format  
          would supersede the provision that the training be in some way  
          linked to the disabilities training module; and 4) if resources  
          intended for the update of the persons with disabilities  
          training module are expected to be used and, thus, de-fund that  
          future update.

          The cost of this bill is not "absorbable," because it requires a  
          direct trade-off with other POST activities and projects. POST  
          regularly updates trainings, as needed, and as its budget  
          allows. If POST is required to create a new training with no  
          additional funding, it will delay updates of other training  
          modules. 












          *POST has indicated it does not have immediate plans to update  
          that specific training module.