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.