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