BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1051
                                                                  Page  1

          SENATE THIRD READING
          SB 1051 (Liu)
          As Amended  August 20, 2012
          2/3 vote.  Urgency

           SENATE VOTE  :39-0  
          
           PUBLIC SAFETY       6-0         HUMAN SERVICES      6-0         
           
           ----------------------------------------------------------------- 
          |Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Beall, Jones, Ammiano,    |
          |     |Hagman, Mitchell, Hall    |     |Grove, Hall, Portantino   |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 

           APPROPRIATIONS      17-0                                        
           
           ----------------------------------------------------------------- 
          |Ayes:|Fuentes, Harkey,          |     |                          |
          |     |Blumenfield, Bradford,    |     |                          |
          |     |Charles Calderon, Campos, |     |                          |
          |     |Davis, Donnelly, Gatto,   |     |                          |
          |     |Hall, Hill, Lara,         |     |                          |
          |     |Mitchell, Nielsen, Norby, |     |                          |
          |     |Solorio, Wagner           |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  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)Mandates DSH to report, no later than the close of the first 
            business day following the discovery of the reportable 
            incident, to the designated agency the following incidents 
            involving a resident of a state mental hospital:

             a)   Any unexpected or suspicious death, regardless of 
               whether the cause is immediately known;

             b)   Any allegation of sexual assault, as defined, in which 
               the alleged perpetrator is an employee or contractor of a 
               state mental hospital or of the Department of Corrections 
               and Rehabilitation; and, 









                                                                  SB 1051
                                                                  Page  2

             c)   Any report made to the local law enforcement agency in 
               the jurisdiction in which the facility is located that 
               involves physical abuse, as defined, in which a staff 
               member is implicated.

          2)Provides that the chief of the Office of Protective Services 
            (OPS), who has the responsibility and authority to manage all 
            protective service components within the OPS's law enforcement 
            and fire protection divisions, including those at each state 
            developmental center, shall be known as the "Director of 
            Protective Services." 

          3)Requires the Director of Protective Services to 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.

          4)States that the Director of Protective Services shall be 
            appointed by, and shall serve at the pleasure of, the 
            Secretary of California Health and Human Services.

          5)Mandates developmental centers to report, no later than the 
            close of the first business day following the discovery of the 
            reportable incident, to the designated agency, any of the 
            following incidents involving a resident of a developmental 
            center:

             a)   Any unexpected or suspicious death, regardless of 
               whether the cause is immediately known;

             b)   Any allegation of sexual assault, as defined, in which 
               the alleged perpetrator is a developmental center or 
               department employee or contractor; and,

             c)   Any report made to the local law enforcement agency in 
               the jurisdiction in which the facility is located that 
               involves physical abuse, as defined, in which a staff 
               member is implicated.

          6)Requires mandated reporters within developmental centers to 
            immediately report suspected abuse to OPS or to the local law 
            enforcement agency.

          7)Contains an urgency clause.








                                                                  SB 1051
                                                                  Page  3


           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee, 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 
          local law enforcement, does not create a significant cost. 

           COMMENTS  :  According to the author, "SB 1051 is a bi-partisan 
          bill resulting from the Senate Human Services Committee hearing. 
           It seeks to strengthen oversight and tracking of crimes in 
          several key ways, including by requiring state developmental 
          centers and mental hospitals to report suspicious deaths, sexual 
          assaults involving staff members and other crimes to the 
          state-designated protection and advocacy agency.  It requires 
          employees in developmental centers to immediately report 
          suspected crimes to OPS, and elevates the oversight of the OPS 
          chief by making it an appointment of the Secretary."

          Please see the policy committee analysis for a full discussion 
          of this bill.


           Analysis Prepared by  :    Stella Choe / PUB. S. / (916) 319-3744 


                                                                FN: 0005148