BILL NUMBER: SB 1051	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 17, 2012
	AMENDED IN SENATE  MARCH 28, 2012

INTRODUCED BY   Senators Liu and Emmerson

                        FEBRUARY 8, 2012

   An act to amend Section 13010 of the Penal Code, and to amend
Sections 4427.5 and 15630 of, and to add Sections 4023 and 4415.5 to,
the Welfare and Institutions Code, relating to public social
services, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1051, as amended, Liu. Reports of death, injury, and abuse:
developmental centers and state hospitals: mandated reporters.
   Existing law requires the Department of Justice, among other
duties, to periodically review the requirements of units of
government using criminal justice statistics, and to make
recommendations for changes the department deems necessary in the
design of criminal justice statistics systems, including new
techniques of collection and processing made possible by automation.
   This bill would require the department to include data regarding a
crime victim's self-report of disability status in the criminal
justice statistics, no later than at the next revision of the
department's uniform crime report, as specified.
   Existing law vests in the State Department of Developmental
Services jurisdiction over state hospitals referred to as
developmental centers for the provision of residential care to
persons with developmental disabilities. Existing law requires a
developmental center to immediately report all resident deaths and
serious injuries of unknown origin to the appropriate local law
enforcement agency. Existing law establishes the Office of Protective
Services within the State Department of Developmental Services.
   This bill would  require the department to employ a
  rename a certain position within the Office of
Protective Services as the  Director of Protective Services,
 with   require the director to meet 
specified qualifications,  to   and require that
the director  be appointed by and serve at the pleasure of the
 Director of Developmental Services   Secretary
of California Health and Human Services  , as specified.
   This bill would require  a developmental center 
 the department  to  immediately  report
 criminal conduct suspected or established by the Office of
Protective Services and to report  certain events involving
death or harm involving a developmental center resident to a
designated protection and advocacy agency. The bill also would
require the State Department of State Hospitals to report the same
categories of events to the protection and advocacy agency, with
respect to a resident of a state mental hospital.
   Existing law requires specified people, known as mandated
reporters, to report cases of elder or dependent adult abuse, as
defined.  Existing law requires mandated reporters to report
the abuse by telephone, or through a confidential Internet reporting
tool, immediately or as soon as practicably possible. 
Failure to make a report as required by existing law is a
misdemeanor.
   This bill would  delete the option of a mandated reporter
to make a telephone or Internet report of abuse as soon as
practicably possible, thus requiring these reports to be made
immediately     require mandated reporters in
the State Department of Developmental Services to immediately report
suspected abuse to the Office of Protective Services or to the local
law enforcement agency  . By creating new duties for local
officials, this bill would impose a state-mandated local program. By
expanding the scope of an existing crime, the bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13010 of the Penal Code is amended to read:
   13010.  It shall be the duty of the department:
   (a) To collect data necessary for the work of the department from
all persons and agencies mentioned in Section 13020 and from any
other appropriate source.
   (b) To prepare and distribute to all those persons and agencies,
cards, forms, or electronic means used in reporting data to the
department. The cards, forms, or electronic means may, in addition to
other items, include items of information needed by federal bureaus
or departments engaged in the development of national and uniform
criminal statistics.
   (c) To recommend the form and content of records which must be
kept by those persons and agencies in order to ensure the correct
reporting of data to the department.
   (d) To instruct those persons and agencies in the installation,
maintenance, and use of those records and in the reporting of data
therefrom to the department.
   (e) To process, tabulate, analyze  ,  and interpret the
data collected from those persons and agencies.
   (f) To supply, at their request, to federal bureaus or departments
engaged in the collection of national criminal statistics data they
need from this state.
   (g) To present to the Governor, on or before July 1st, an annual
report containing the criminal statistics of the preceding calendar
year and to present at other times as the Attorney General may
approve reports on special aspects of criminal statistics. A
sufficient number of copies of all reports shall be prepared to
enable the Attorney General to send a copy to all public officials in
the state dealing with criminals and to distribute them generally in
channels where they will add to the public enlightenment.
   (h) (1) To periodically review the requirements of units of
government using criminal justice statistics, and to make
recommendations for changes it deems necessary in the design of
criminal justice statistics systems, including new techniques of
collection and processing made possible by automation.
   (2) To include in the criminal justice statistics, no later than
at the next revision of the uniform crime report following the
effective date of the act that added this paragraph, data regarding a
crime victim's self-report of disability status.
  SEC. 2.  Section 4023 is added to the Welfare and Institutions
Code, to read:
   4023.  (a) The State Department of State Hospitals shall report to
the agency designated in subdivision (i) of Section 4900 the
following incidents involving a resident of a state mental hospital:
   (1) Any unexpected or suspicious death.
   (2) Any sexual assault allegation implicating the involvement of a
state mental hospital employee or an employee of the Department of
Corrections and Rehabilitation.
   (3) Any report made to the local law enforcement agency.
   (b) A report pursuant to this section shall be made no later than
the close of the first business day following the discovery of the
reportable incident.
  SEC. 3.  Section 4415.5 is added to the Welfare and Institutions
Code, to read:
   4415.5.  (a) The  department shall employ a Director of
Protective Services with   chief of the Office of
Protective Services, who has  the responsibility and authority
to manage all protective service components within the department's
law enforcement and fire protection divisions, including those at
each state developmental center  , shall be known as the Director
of Protective Services  . The director shall be an experienced
law enforcement officer with  a  Peace Officers Standards
and Training Management Certificate or higher, and with extensive
management experience directing uniformed peace officer and
investigation operations.
   (b) The Director of Protective Services shall be appointed by, and
shall serve at the pleasure of, the Secretary of California Health
and Human Services.
  SEC. 4.  Section 4427.5 of the Welfare and Institutions Code is
amended to read:
   4427.5.  (a) (1) A developmental center shall immediately report
all resident deaths  , possible criminal conduct suspected or
established by the Office of Protective Services,  and
serious injuries of unknown origin to the appropriate local law
enforcement agency, which may, at its discretion, conduct an
independent investigation.
   (2) The reporting requirements of this subdivision are in addition
to, and do not substitute for, the reporting requirements of
mandated reporters.
   (b) (1) The department shall report to the agency designated in
subdivision (i) of Section 4900 any of the following incidents
involving a resident of a developmental center:
   (A) Any unexpected or suspicious death.
   (B) Any sexual assault allegation implicating the involvement of a
developmental center or department employee.
   (C) Any report made to the local law enforcement agency.
   (2) A report pursuant to this subdivision shall be made no later
than the close of the first business day following the discovery of
the reportable incident.
   (c) The department shall do both of the following:
   (1) Annually provide written information to every developmental
center employee regarding all of the following:
   (A) The statutory and departmental requirements for mandatory
reporting of suspected or known abuse.
   (B) The rights and protections afforded to individuals' reporting
of suspected or known abuse.
   (C) The penalties for failure to report suspected or known abuse.
   (D) The telephone numbers for reporting suspected or known abuse
or neglect to designated investigators of the department and to local
law enforcement agencies.
   (2) On or before August 1, 2001, in consultation with employee
organizations, advocates, consumers, and family members, develop a
poster that encourages staff, residents, and visitors to report
suspected or known abuse and provides information on how to make
these reports.
  SEC. 5.  Section 15630 of the Welfare and Institutions Code is
amended to read:
   15630.  (a) Any person who has assumed full or intermittent
responsibility for the care or custody of an elder or dependent
adult, whether or not he or she receives compensation, including
administrators, supervisors, and any licensed staff of a public or
private facility that provides care or services for elder or
dependent adults, or any elder or dependent adult care custodian,
health practitioner, clergy member, or employee of a county adult
protective services agency or a local law enforcement agency, is a
mandated reporter.
   (b) (1) Any mandated reporter who, in his or her professional
capacity, or within the scope of his or her employment, has observed
or has knowledge of an incident that reasonably appears to be
physical abuse, as defined in Section 15610.63, abandonment,
abduction, isolation, financial abuse, or neglect, or is told by an
elder or dependent adult that he or she has experienced behavior,
including an act or omission, constituting physical abuse, as defined
in Section 15610.63, abandonment, abduction, isolation, financial
abuse, or neglect, or reasonably suspects that abuse, shall report
the known or suspected instance of abuse by telephone or through a
confidential Internet reporting tool, as authorized by Section 15658,
immediately  or as soon as practicably possible  . If
reported by telephone, a written report shall be sent, or an Internet
report shall be made through the confidential Internet reporting
tool established in Section 15658, within two working days, as
follows:
   (A) If the abuse has occurred in a long-term care facility, except
a state mental health hospital or a state developmental center, the
report shall be made to the local ombudsperson or the local law
enforcement agency.
   The local ombudsperson and the local law enforcement agency shall,
as soon as practicable, except in the case of an emergency or
pursuant to a report required to be made pursuant to clause (v), in
which case these actions shall be taken immediately, do all of the
following:
   (i) Report to the State Department of Public Health any case of
known or suspected abuse occurring in a long-term health care
facility, as defined in subdivision (a) of Section 1418 of the Health
and Safety Code.
   (ii) Report to the State Department of Social Services any case of
known or suspected abuse occurring in a residential care facility
for the elderly, as defined in Section 1569.2 of the Health and
Safety Code, or in an adult day care facility, as defined in
paragraph (2) of subdivision (a) of Section 1502.
   (iii) Report to the State Department of Public Health and the
California Department of Aging any case of known or suspected abuse
occurring in an adult day health care center, as defined in
subdivision (b) of Section 1570.7 of the Health and Safety Code.
   (iv) Report to the Bureau of Medi-Cal Fraud and Elder Abuse any
case of known or suspected criminal activity.
   (v) Report all cases of known or suspected physical abuse and
financial abuse to the local district attorney's office in the county
where the abuse occurred.
   (B) If the suspected or alleged abuse occurred in a state mental
hospital or a state developmental center, the report shall be made to
designated investigators of the State Department of Mental Health or
the State Department of Developmental Services, or to the local law
enforcement agency. 
   Except 
    (i)     Except  in an emergency, the
local law enforcement agency shall, as soon as practicable, report
any case of known or suspected criminal activity to the Bureau of
Medi-Cal Fraud and Elder Abuse. 
   (ii) Mandated reporters of the State Department of Developmental
Services shall immediately report suspected abuse to the Office of
Protective Services or to the local law enforcement agency. 
   (C) If the abuse has occurred any place other than one described
in subparagraph (A), the report shall be made to the adult protective
services agency or the local law enforcement agency.
   (2) (A) A mandated reporter who is a clergy member who acquires
knowledge or reasonable suspicion of elder or dependent adult abuse
during a penitential communication is not subject to paragraph (1).
For purposes of this subdivision, "penitential communication" means a
communication that is intended to be in confidence, including, but
not limited to, a sacramental confession made to a clergy member who,
in the course of the discipline or practice of his or her church,
denomination, or organization is authorized or accustomed to hear
those communications and under the discipline tenets, customs, or
practices of his or her church, denomination, or organization, has a
duty to keep those communications secret.
   (B) Nothing in this subdivision shall be construed to modify or
limit a clergy member's duty to report known or suspected elder and
dependent adult abuse when he or she is acting in the capacity of a
care custodian, health practitioner, or employee of an adult
protective services agency.
   (C) Notwithstanding any other provision in this section, a clergy
member who is not regularly employed on either a full-time or
part-time basis in a long-term care facility or does not have care or
custody of an elder or dependent adult shall not be responsible for
reporting abuse or neglect that is not reasonably observable or
discernible to a reasonably prudent person having no specialized
training or experience in elder or dependent care.
   (3) (A) A mandated reporter who is a physician and surgeon, a
registered nurse, or a psychotherapist, as defined in Section 1010 of
the Evidence Code, shall not be required to report, pursuant to
paragraph (1), an incident where all of the following conditions
exist:
   (i) The mandated reporter has been told by an elder or dependent
adult that he or she has experienced behavior constituting physical
abuse, as defined in Section 15610.63, abandonment, abduction,
isolation, financial abuse, or neglect.
   (ii) The mandated reporter is not aware of any independent
evidence that corroborates the statement that the abuse has occurred.

   (iii) The elder or dependent adult has been diagnosed with a
mental illness or dementia, or is the subject of a court-ordered
conservatorship because of a mental illness or dementia.
   (iv) In the exercise of clinical judgment, the physician and
surgeon, the registered nurse, or the psychotherapist, as defined in
Section 1010 of the Evidence Code, reasonably believes that the abuse
did not occur.
   (B) This paragraph shall not be construed to impose upon mandated
reporters a duty to investigate a known or suspected incident of
abuse and shall not be construed to lessen or restrict any existing
duty of mandated reporters.
   (4) (A) In a long-term care facility, a mandated reporter shall
not be required to report as a suspected incident of abuse, as
defined in Section 15610.07, an incident where all of the following
conditions exist:
   (i) The mandated reporter is aware that there is a proper plan of
care.
   (ii) The mandated reporter is aware that the plan of care was
properly provided or executed.
   (iii) A physical, mental, or medical injury occurred as a result
of care provided pursuant to clause (i) or (ii).
   (iv) The mandated reporter reasonably believes that the injury was
not the result of abuse.
   (B) This paragraph shall not be construed to require a mandated
reporter to seek, nor to preclude a mandated reporter from seeking,
information regarding a known or suspected incident of abuse prior to
reporting. This paragraph shall apply only to those categories of
mandated reporters that the State Department of Public Health
determines, upon approval by the Bureau of Medi-Cal Fraud and Elder
Abuse and the state long-term care ombudsperson, have access to plans
of care and have the training and experience necessary to determine
whether the conditions specified in this section have been met.
   (c) (1) Any mandated reporter who has knowledge, or reasonably
suspects, that types of elder or dependent adult abuse for which
reports are not mandated have been inflicted upon an elder or
dependent adult, or that his or her emotional well-being is
endangered in any other way, may report the known or suspected
instance of abuse.
   (2) If the suspected or alleged abuse occurred in a long-term care
facility other than a state mental health hospital or a state
developmental center, the report may be made to the long-term care
ombudsperson program. Except in an emergency, the local ombudsperson
shall report any case of known or suspected abuse to the State
Department of Public Health and any case of known or suspected
criminal activity to the Bureau of Medi-Cal Fraud and Elder Abuse, as
soon as is practicable.
   (3) If the suspected or alleged abuse occurred in a state mental
health hospital or a state developmental center, the report may be
made to the designated investigator of the State Department of Mental
Health or the State Department of Developmental Services or to a
local law enforcement agency or to the local ombudsperson. Except in
an emergency, the local ombudsperson and the local law enforcement
agency shall report any case of known or suspected criminal activity
to the Bureau of Medi-Cal Fraud and Elder Abuse, as soon as is
practicable.
   (4) If the suspected or alleged abuse occurred in a place other
than a place described in paragraph (2) or (3), the report may be
made to the county adult protective services agency.
   (5) If the conduct involves criminal activity not covered in
subdivision (b), it may be immediately reported to the appropriate
law enforcement agency.
   (d) When two or more mandated reporters are present and jointly
have knowledge or reasonably suspect that types of abuse of an elder
or a dependent adult for which a report is or is not mandated have
occurred, and when there is agreement among them, the telephone
report or Internet report, as authorized by Section 15658, may be
made by a member of the team selected by mutual agreement, and a
single report may be made and signed by the selected member of the
reporting team. Any member who has knowledge that the member
designated to report has failed to do so shall thereafter make the
report.
   (e) A telephone report or Internet report, as authorized by
Section 15658, of a known or suspected instance of elder or dependent
adult abuse shall include, if known, the name of the person making
the report, the name and age of the elder or dependent adult, the
present location of the elder or dependent adult, the names and
addresses of family members or any other adult responsible for the
elder's or dependent adult's care, the nature and extent of the elder'
s or dependent adult's condition, the date of the incident, and any
other information, including information that led that person to
suspect elder or dependent adult abuse, as requested by the agency
receiving the report.
   (f) The reporting duties under this section are individual, and no
supervisor or administrator shall impede or inhibit the reporting
duties, and no person making the report shall be subject to any
sanction for making the report. However, internal procedures to
facilitate reporting, ensure confidentiality, and apprise supervisors
and administrators of reports may be established, provided they are
not inconsistent with this chapter.
   (g) (1) Whenever this section requires a county adult protective
services agency to report to a law enforcement agency, the law
enforcement agency shall, immediately upon request, provide a copy of
its investigative report concerning the reported matter to that
county adult protective services agency.
   (2) Whenever this section requires a law enforcement agency to
report to a county adult protective services agency, the county adult
protective services agency shall, immediately upon request, provide
to that law enforcement agency a copy of its investigative report
concerning the reported matter.
   (3) The requirement to disclose investigative reports pursuant to
this subdivision shall not include the disclosure of social services
records or case files that are confidential, nor shall this
subdivision be construed to allow disclosure of any reports or
records if the disclosure would be prohibited by any other provision
of state or federal law.
   (h) Failure to report, or impeding or inhibiting a report of,
physical abuse, as defined in Section 15610.63, abandonment,
abduction, isolation, financial abuse, or neglect of an elder or
dependent adult, in violation of this section, is a misdemeanor,
punishable by not more than six months in the county jail, by a fine
of not more than one thousand dollars ($1,000), or by both that fine
and imprisonment. Any mandated reporter who willfully fails to
report, or impedes or inhibits a report of, physical abuse, as
defined in Section 15610.63, abandonment, abduction, isolation,
financial abuse, or neglect of an elder or dependent adult, in
violation of this section, where that abuse results in death or great
bodily injury, shall be punished by not more than one year in a
county jail, by a fine of not more than five thousand dollars
($5,000), or by both that fine and imprisonment. If a mandated
reporter intentionally conceals his or her failure to report an
incident known by the mandated reporter to be abuse or severe neglect
under this section, the failure to report is a continuing offense
until a law enforcement agency specified in paragraph (1) of
subdivision (b) of Section 15630 discovers the offense.
   (i) For purposes of this section, "dependent adult" shall have the
same meaning as in Section 15610.23.
  SEC. 6.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
  SEC. 7.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to ensure that the applicable investigative structure
adequately protects residents of developmental centers and other
vulnerable persons from harm at the earliest possible time, it is
necessary for this act to take effect immediately.