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