BILL ANALYSIS Ó SB 1051 Page 1 Date of Hearing: August 8, 2012 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair SB 1051 (Liu) - As Amended: August 6, 2012 Policy Committee: Public SafetyVote:6-0 Human Services 6-0 Urgency: Yes State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill requires the Department of State Hospitals (DSH) and developmental centers within the Department of Developmental Services (DDS) to report suspected abuse to the designated protection and advocacy agency. Specifically, this bill: 1)Requires DSH and DDS to report, to the designated protection and advocacy agency, unexpected or suspicious deaths, employee sexual assault allegations, or any report made to local law enforcement regarding an employee and physical abuse. 2)Retitles the DDS Chief of the Office of Protective Services (OPS), the Director of Protective Services, and requires the director of Protective Services to be an experienced law enforcement officer appointed by the Secretary of Health and Human Services. 3)Requires mandated reporters within DDS developmental centers to immediately report suspected abuse to OPS or to the local law enforcement agency. FISCAL EFFECT Minor absorbable state costs to DSH and DDS. As DSH and DDS employees and all mandated reporters are currently required to report suspected abuse to local law enforcement or department personnel, but not necessarily to the designated protection and advocacy agency, requiring them to report to the protection and advocacy agency in each case, or to SB 1051 Page 2 local law enforcement, does not create a significant cost. COMMENTS 1)Rationale . According to the author, the intent of the bill is to strengthen oversight and tracking of crimes by requiring developmental centers and state hospitals to report suspicious deaths, sexual assaults, and other crimes to the state-designated protection and advocacy agency. It also requires employees in developmental centers to immediately report suspected crimes to OPS, and elevates the profile of the OPS by making the chief an appointment of the Secretary. 2)Support. According to the sponsor, Disability Rights California, which is also the state-designated protection and advocacy agency, "SB 1051 provides additional protections for people with disabilities and is essential. It ensures that known and suspected abuse of elders and dependent adults is immediately reported to law enforcement. The measure also ensures that officers in state developmental centers are under the direction of a qualified law enforcement officer with extensive prior management experience directing uniformed officers and investigations. Finally, it broadens the reports the state protection and advocacy receive regarding possible incidents of abuse and neglect of residents in state facilities." 3)There is no known opposition to this measure . Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081