California Legislature—2013–14 Regular Session

Assembly BillNo. 602


Introduced by Assembly Member Yamada

February 20, 2013


An act to add Section 13515.30 to the Penal Code, and to amend Section 15630 of the Welfare and Institutions Code, relating to disabled persons.

LEGISLATIVE COUNSEL’S DIGEST

AB 602, as introduced, Yamada. Mentally and developmentally disabled persons: reporting abuse: peace officer training.

Existing law requires the Commission on Peace Officer Standards and Training, in the Department of Justice, to establish and keep updated a continuing education classroom training course relating to law enforcement intervention with mentally disabled persons and requires the course to be developed in consultation with specified groups and entities. Existing law requires the commission to submit a report to the Legislature that contains specified information regarding this training.

This bill would require the commission to establish, by July 1, 2015, and keep updated a training course relating to law enforcement interaction with mentally disabled or developmentally disabled persons living within a state mental hospital or state developmental center, as specified. The training course would be required for law enforcement personnel in law enforcement agencies with jurisdiction over state mental health hospitals and state developmental centers, as part of the agency’s officer training program. This bill would require the commission to submit a report to the Legislature, by October 1, 2017, that contains specified information regarding this training. By creating new duties for local officials, this bill would impose a state-mandated local program.

Existing law requires specified people, known as mandated reporters, to report cases of elder or dependent adult abuse, as defined. Existing law requires a report to be made to designated investigators of the State Department of State Hospitals or the State Department of Developmental Services, or to the local enforcement agency if the suspected or alleged abuse occurred in a state mental hospital or state developmental center. Existing law also requires 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. Failure to make a report as required by existing law is a misdemeanor.

This bill would instead require a report to be made to designated investigators of the State Department of State Hospitals or the State Department of Developmental Services, and also to the local enforcement agency if the suspected or alleged abuse or neglect occurred in a state mental hospital or state developmental center and resulted in any specified incidents, including a death or a sexual assault. This bill would also require mandated reporters in the State Department of State Hospitals to immediately report suspected abuse to the Office of Protective Services or to the local law enforcement agency. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.

This bill would also require a local law enforcement agency to coordinate efforts with the designated investigators of the State Department of State Hospitals or the State Department of Developmental Services to provide a response to investigate reports received pursuant to specified provisions. By creating new duties for local officials, this 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 13515.30 is added to the Penal Code, to
2read:

3

13515.30.  

(a) By July 1, 2015, the Commission on Peace
4Officer Standards and Training shall establish and keep updated
5a continuing education classroom training course relating to law
6enforcement interaction with mentally disabled and
7developmentally disabled persons living within a state mental
8hospital or state developmental center. The training course shall
9be developed by the commission in consultation with appropriate
10community, local, and state organizations and agencies that have
11expertise in the area of mental illness and developmental disability,
12and with appropriate consumer and family advocate groups. In
13developing the course, the commission shall also examine existing
14courses certified by the commission that relate to mentally disabled
15and developmentally disabled persons. The commission shall make
16the course available to all law enforcement agencies in California,
17and the course shall be required for law enforcement personnel
18serving in law enforcement agencies with jurisdiction over state
19mental hospitals and state developmental centers, as part of the
20agency’s officer training program.

21(b) The course described in subdivision (a) shall consist of
22classroom instruction and shall utilize interactive training methods
23to ensure that the training is as realistic as possible. The course
24shall include, at a minimum, core instruction in all of the following:

25(1) The prevalence, cause, and nature of mental illnesses and
26developmental disabilities.

27(2) The unique characteristics, barriers, and challenges of
28individuals who may be a victim of abuse or exploitation living
29within a state mental hospital or state developmental center.

30(3) How to accommodate, interview, and converse with
31individuals who may require assistive devices in order to express
32themselves.

33(4) Capacity and consent of individuals with cognitive and
34intellectual barriers.

35(5) Conflict resolution and deescalation techniques for
36potentially dangerous situations involving mentally disabled or
37developmentally disabled persons.

P4    1(6) Appropriate language usage when interacting with mentally
2disabled or developmentally disabled persons.

3(7) Community and state resources and advocacy support and
4services available to serve mentally disabled or developmentally
5disabled persons, and how these resources can be best utilized by
6law enforcement to benefit the mentally disabled or
7developmentally disabled community.

8(8) The fact that a crime committed in whole or in part because
9of an actual or perceived disability of the victim is a hate crime
10punishable under Title 11.6 (commencing with Section 422.55)
11of Part 1.

12(9) Information on the state mental hospital system and the state
13developmental center system.

14(10) Techniques in conducting forensic investigations within
15institutional settings where jurisdiction may be shared.

16(11) Examples of abuse and exploitation perpetrated by
17caregivers, staff, contractors, or administrators of state mental
18hospitals and state developmental centers, and how to conduct
19investigations in instances where a perpetrator may also be a
20caregiver or provider of therapeutic or other services.

21(c) The commission shall submit a report to the Legislature by
22October 1, 2017, that shall include all of the following:

23(1) A description of the process by which the course was
24established, including a list of the agencies and groups that were
25consulted.

26(2) Information on the number of law enforcement agencies
27that utilized, and the number of officers that attended, the course
28or other courses certified by the commission relating to mentally
29disabled or developmentally disabled persons living within a state
30mental hospital or state developmental center from July 1, 2015
31to July 1, 2017, inclusive.

32(d) (1) The requirement for submitting a report imposed under
33subdivision (c) is inoperative on October 1, 2021, pursuant to
34Section 10231.5 of the Government Code.

35(2) A report to be submitted pursuant to subdivision (c) shall
36be submitted in compliance with Section 9795 of the Government
37Code.

38(e) It is the intent of the Legislature to reevaluate, on the basis
39of its review of the report required in subdivision (c), the extent
40to which law enforcement officers are receiving adequate training
P5    1in how to interact with mentally disabled or developmentally
2disabled persons living within a state mental hospital or state
3developmental center.

4

SEC. 2.  

Section 15630 of the Welfare and Institutions Code is
5amended to read:

6

15630.  

(a) Any person who has assumed full or intermittent
7responsibility for the care or custody of an elder or dependent
8adult, whether or not he or she receives compensation, including
9administrators, supervisors, and any licensed staff of a public or
10private facility that provides care or services for elder or dependent
11adults, or any elder or dependent adult care custodian, health
12practitioner, clergy member, or employee of a county adult
13protective services agency or a local law enforcement agency, is
14a mandated reporter.

15(b) (1) Any mandated reporter who, in his or her professional
16capacity, or within the scope of his or her employment, has
17observed or has knowledge of an incident that reasonably appears
18to be physical abuse, as defined in Section 15610.63, abandonment,
19abduction, isolation, financial abuse, or neglect, or is told by an
20elder or dependent adult that he or she has experienced behavior,
21including an act or omission, constituting physical abuse, as defined
22in Section 15610.63, abandonment, abduction, isolation, financial
23abuse, or neglect, or reasonably suspects that abuse, shall report
24the known or suspected instance of abuse by telephone or through
25a confidential Internet reporting tool, as authorized by Section
2615658, immediately or as soon as practicably possible. If reported
27by telephone, a written report shall be sent, or an Internet report
28shall be made through the confidential Internet reporting tool
29established in Section 15658, within two workingbegin delete days:end deletebegin insert days.end insert

30(A) If the suspected or alleged abuse is physical abuse, as
31defined in Section 15610.63, and the abuse occurred in a long-term
32care facility, except a state mental health hospital or a state
33developmental center, the following shall occur:

34(i) If the suspected abuse results in serious bodily injury, a
35telephone report shall be made to the local law enforcement agency
36immediately,begin delete andend deletebegin insert but alsoend insert no later than within two hours of the
37mandated reporter observing, obtaining knowledge of, or
38suspecting the physical abuse, and a written report shall be made
39to the local ombudsman, the corresponding licensing agency, and
40the local law enforcement agency within two hours of the mandated
P6    1reporter observing, obtaining knowledge of, or suspecting the
2physical abuse.

3(ii) If the suspected abuse does not result in serious bodily injury,
4a telephone report shall be made to the local law enforcement
5agency within 24 hours of the mandated reporter observing,
6obtaining knowledge of, or suspecting the physical abuse, and a
7written report shall be made to the local ombudsman, the
8corresponding licensing agency, and the local law enforcement
9agency within 24 hours of the mandated reporter observing,
10obtaining knowledge of, or suspecting the physical abuse.

11(iii) When the suspected abuse is allegedly caused by a resident
12with a physician’s diagnosis of dementia, and there is no serious
13bodily injury, as reasonably determined by the mandated reporter,
14drawing upon his or her training or experience, the reporter shall
15report to the local ombudsman or law enforcement agency by
16telephone, immediately or as soon as practicably possible, and by
17written report, within 24 hours.

18(iv) When applicable, reports made pursuant to clauses (i) and
19(ii) shall be deemed to satisfy the reporting requirements of the
20federal Elder Justice Act of 2009, as set out in Subtitle H of the
21federal Patient Protection and Affordable Care Act (Public Law
22111-148), Section 1418.91 of the Health and Safety Code, and
23Section 72541 of Title 22 of California Code of Regulations. When
24a local law enforcement agency receives an initial report of
25suspected abuse in a long-term care facility pursuant to this
26subparagraph, the local law enforcement agency may coordinate
27efforts with the local ombudsman to provide the most immediate
28and appropriate response warranted to investigate the mandated
29report. The local ombudsman and local law enforcement agencies
30may collaborate to develop protocols to implement this
31subparagraph.

32(B) Notwithstanding the rulemaking provisions of Chapter 3.5
33(commencing with Section 11340) of Part 1 of Division 3 of Title
342 of the Government Code, or any other law, the department may
35implement subparagraph (A), in whole or in part, by means of
36all-county letters, provider bulletins, or other similar instructions
37without taking regulatory action.

38(C) If the suspected or alleged abuse is abuse other than physical
39abuse, and the abuse occurred in a long-term care facility, except
40a state mental health hospital or a state developmental center, a
P7    1telephone report and a written report shall be made to the local
2ombudsman or the local law enforcement agency.

3(D) With regard to abuse reported pursuant tobegin delete subparagraphs
4(A) andend delete
begin insert subparagraphend insert (C), the local ombudsman and the local law
5enforcement agency shall, as soon as practicable, except in the
6case of an emergency or pursuant to a report required to be made
7pursuant to clause (v), in which case these actions shall be taken
8immediately, do all of the following:

9(i) Report to the State Department of Public Health any case of
10known or suspected abuse occurring in a long-term health care
11facility, as defined in subdivision (a) of Section 1418 of the Health
12and Safety Code.

13(ii) Report to the State Department of Social Services any case
14of known or suspected abuse occurring in a residential care facility
15for the elderly, as defined in Section 1569.2 of the Health and
16Safety Code, or in an adult day program, as defined in paragraph
17(2) of subdivision (a) of Section 1502 of the Health and Safety
18Code.

19(iii) Report to the State Department of Public Health and the
20California Department of Aging any case of known or suspected
21abuse occurring in an adult day health care center, as defined in
22subdivision (b) of Section 1570.7 of the Health and Safety Code.

23(iv) Report to the Bureau of Medi-Cal Fraud and Elder Abuse
24any case of known or suspected criminal activity.

25(v) Report all cases of known or suspected physical abuse and
26financial abuse to the local district attorney’s office in the county
27where the abuse occurred.

28(E) begin insert(i)end insertbegin insertend insertIf the suspected or alleged abusebegin insert or neglectend insert occurred in
29a state mental hospital or a state developmental center,begin delete theend deletebegin insert and the
30suspected or alleged abuse or neglect resulted in any of the
31following incidents, aend insert
report shall be made to designated
32investigators of the State Department of State Hospitals or the
33State Department of Developmental Services,begin delete orend deletebegin insert and alsoend insert to the
34local law enforcementbegin delete agency.end deletebegin insert agency:end insert

begin insert

35(I) A death.

end insert
begin insert

36(II) A sexual assault, as defined in Section 15610.63.

end insert
begin insert

37(III) An assault with a deadly weapon, as described in Section
38245 of the Penal Code, by a nonresident of the state mental hospital
39or state developmental center.

end insert
begin insert

P8    1(IV) An assault with force likely to produce great bodily injury,
2as described in Section 245 of the Penal Code.

end insert
begin insert

3(V) An injury to the genitals when the cause of the injury is
4undetermined.

end insert
begin insert

5(VI) A broken bone, when the cause of the break is
6undetermined.

end insert
begin insert

7(ii) All other reports of suspected or alleged abuse or neglect
8that occurred in a state mental hospital or a state developmental
9center shall be made to designated investigators of the State
10Department of State Hospitals or the State Department of
11Developmental Services, or to the local law enforcement agency.

end insert
begin insert

12(iii) When a local law enforcement agency receives an initial
13report of suspected or alleged abuse or neglect in a state mental
14hospital or a state developmental center pursuant to clause (i),
15the local law enforcement agency shall coordinate efforts with the
16 designated investigators of the State Department of State Hospitals
17or the State Department of Developmental Services to provide the
18most immediate and appropriate response warranted to investigate
19the mandated report. The designated investigators of the State
20Department of State Hospitals or the State Department of
21Developmental Services and local law enforcement agencies may
22collaborate to develop protocols to implement this clause.

end insert
begin delete

23(i)

end delete

24begin insert(iv)end insert Except in an emergency, the local law enforcement agency
25shall, as soon as practicable, report any case of known or suspected
26criminal activity to the Bureau of Medi-Cal Fraud and Elder Abuse.

begin delete

27(ii)

end delete

28begin insert(v)end insert Mandated reporters ofbegin insert the State Department of State
29Hospitals orend insert
the State Department of Developmental Services shall
30immediatelybegin insert, but no later than within two hours of the mandated
31reporter observing, obtaining knowledge of, or suspecting abuse,end insert

32 report suspected abuse to the Office of Protective Services or to
33the local law enforcement agency.

34(F) If the abuse has occurred any place other than one described
35in subparagraph (A), the report shall be made to the adult protective
36services agency or the local law enforcement agency.

37(2) (A) A mandated reporter who is a clergy member who
38acquires knowledge or reasonable suspicion of elder or dependent
39adult abuse during a penitential communication is not subject to
40paragraph (1). For purposes of this subdivision, “penitential
P9    1communication” means a communication that is intended to be in
2confidence, including, but not limited to, a sacramental confession
3made to a clergy member who, in the course of the discipline or
4practice of his or her church, denomination, or organization is
5authorized or accustomed to hear those communications and under
6the discipline tenets, customs, or practices of his or her church,
7denomination, or organization, has a duty to keep those
8communications secret.

9(B) This subdivision shall not be construed to modify or limit
10a clergy member’s duty to report known or suspected elder and
11dependent adult abuse if he or she is acting in the capacity of a
12care custodian, health practitioner, or employee of an adult
13protective services agency.

14(C) Notwithstanding any other provision in this section, a clergy
15member who is not regularly employed on either a full-time or
16part-time basis in a long-term care facility or does not have care
17or custody of an elder or dependent adult shall not be responsible
18for reporting abuse or neglect that is not reasonably observable or
19discernible to a reasonably prudent person having no specialized
20training or experience in elder or dependent care.

21(3) (A) A mandated reporter who is a physician and surgeon,
22a registered nurse, or a psychotherapist, as defined in Section 1010
23of the Evidence Code, shall not be required to report, pursuant to
24paragraph (1), an incident if all of the following conditions exist:

25(i) The mandated reporter has been told by an elder or dependent
26adult that he or she has experienced behavior constituting physical
27abuse, as defined in Section 15610.63, abandonment, abduction,
28isolation, financial abuse, or neglect.

29(ii) The mandated reporter is not aware of any independent
30evidence that corroborates the statement that the abuse has
31occurred.

32(iii) The elder or dependent adult has been diagnosed with a
33mental illness or dementia, or is the subject of a court-ordered
34conservatorship because of a mental illness or dementia.

35(iv) In the exercise of clinical judgment, the physician and
36surgeon, the registered nurse, or the psychotherapist, as defined
37in Section 1010 of the Evidence Code, reasonably believes that
38the abuse did not occur.

39(B) This paragraph shall not be construed to impose upon
40mandated reporters a duty to investigate a known or suspected
P10   1incident of abuse and shall not be construed to lessen or restrict
2any existing duty of mandated reporters.

3(4) (A) In a long-term care facility, a mandated reporter shall
4not be required to report as a suspected incident of abuse, as defined
5in Section 15610.07, an incident if all of the following conditions
6exist:

7(i) The mandated reporter is aware that there is a proper plan
8of care.

9(ii) The mandated reporter is aware that the plan of care was
10properly provided or executed.

11(iii) A physical, mental, or medical injury occurred as a result
12of care provided pursuant to clause (i) or (ii).

13(iv) The mandated reporter reasonably believes that the injury
14was not the result of abuse.

15(B) This paragraph shall not be construed to require a mandated
16reporter to seek, nor to preclude a mandated reporter from seeking,
17information regarding a known or suspected incident of abuse prior
18to reporting. This paragraph shall apply only to those categories
19of mandated reporters that the State Department of Public Health
20determines, upon approval by the Bureau of Medi-Cal Fraud and
21Elder Abuse and the state long-term care ombudsman, have access
22to plans of care and have the training and experience necessary to
23determine whether the conditions specified in this section have
24been met.

25(c) (1) Any mandated reporter who has knowledge, or
26reasonably suspects, that types of elder or dependent adult abuse
27for which reports are not mandated have been inflicted upon an
28elder or dependent adult, or that his or her emotional well-being
29is endangered in any other way, may report the known or suspected
30instance of abuse.

31(2) If the suspected or alleged abuse occurred in a long-term
32care facility other than a state mental health hospital or a state
33developmental center, the report may be made to the long-term
34care ombudsman program. Except in an emergency, the local
35ombudsman shall report any case of known or suspected abuse to
36the State Department of Public Health and any case of known or
37suspected criminal activity to the Bureau of Medi-Cal Fraud and
38Elder Abuse, as soon as is practicable.

39(3) If the suspected or alleged abuse occurred in a state mental
40health hospital or a state developmental center, the report may be
P11   1made to the designated investigator of the State Department of
2State Hospitals or the State Department of Developmental Services
3or to a local law enforcement agency. Except in an emergency,
4the local law enforcement agency shall report any case of known
5or suspected criminal activity to the Bureau of Medi-Cal Fraud
6and Elder Abuse, as soon as is practicable.

7(4) If the suspected or alleged abuse occurred in a place other
8than a place described in paragraph (2) or (3), the report may be
9made to the county adult protective services agency.

10(5) If the conduct involves criminal activity not covered in
11subdivision (b), it may be immediately reported to the appropriate
12law enforcement agency.

13(d) If two or more mandated reporters are present and jointly
14have knowledge or reasonably suspect that types of abuse of an
15elder or a dependent adult for which a report is or is not mandated
16have occurred, and there is agreement among them, the telephone
17report or Internet report, as authorized by Section 15658, may be
18made by a member of the team selected by mutual agreement, and
19a single report may be made and signed by the selected member
20of the reporting team. Any member who has knowledge that the
21member designated to report has failed to do so shall thereafter
22make the report.

23(e) A telephone report or Internet report, as authorized by
24Section 15658, of a known or suspected instance of elder or
25dependent adult abuse shall include, if known, the name of the
26person making the report, the name and age of the elder or
27dependent adult, the present location of the elder or dependent
28adult, the names and addresses of family members or any other
29adult responsible for the elder’s or dependent adult’s care, the
30nature and extent of the elder’s or dependent adult’s condition, the
31date of the incident, and any other information, including
32information that led that person to suspect elder or dependent adult
33abuse, as requested by the agency receiving the report.

34(f) The reporting duties under this section are individual, and
35no supervisor or administrator shall impede or inhibit the reporting
36duties, and no person making the report shall be subject to any
37sanction for making the report. However, internal procedures to
38facilitate reporting, ensure confidentiality, and apprise supervisors
39and administrators of reports may be established, provided they
40are not inconsistent with this chapter.

P12   1(g) (1) Whenever this section requires a county adult protective
2services agency to report to a law enforcement agency, the law
3enforcement agency shall, immediately upon request, provide a
4copy of its investigative report concerning the reported matter to
5that county adult protective services agency.

6(2) Whenever this section requires a law enforcement agency
7to report to a county adult protective services agency, the county
8adult protective services agency shall, immediately upon request,
9provide to that law enforcement agency a copy of its investigative
10report concerning the reported matter.

11(3) The requirement to disclose investigative reports pursuant
12to this subdivision shall not include the disclosure of social services
13records or case files that are confidential, nor shall this subdivision
14be construed to allow disclosure of any reports or records if the
15disclosure would be prohibited by any other provision of state or
16federal law.

17(h) Failure to report, or impeding or inhibiting a report of,
18physical abuse, as defined in Section 15610.63, abandonment,
19abduction, isolation, financial abuse, or neglect of an elder or
20dependent adult, in violation of this section, is a misdemeanor,
21punishable by not more than six months in the county jail, by a
22fine of not more than one thousand dollars ($1,000), or by both
23that fine and imprisonment. Any mandated reporter who willfully
24fails to report, or impedes or inhibits a report of, physical abuse,
25as defined in Section 15610.63, abandonment, abduction, isolation,
26financial abuse, or neglect of an elder or dependent adult, in
27violation of this section, if that abuse results in death or great bodily
28injury, shall be punished by not more than one year in a county
29jail, by a fine of not more than five thousand dollars ($5,000), or
30by both that fine and imprisonment. If a mandated reporter
31intentionally conceals his or her failure to report an incident known
32by the mandated reporter to be abuse or severe neglect under this
33section, the failure to report is a continuing offense until a law
34enforcement agency specified in paragraph (1) of subdivision (b)
35of Section 15630 discovers the offense.

36(i) For purposes of this section, “dependent adult” shall have
37the same meaning as in Section 15610.23.

38

SEC. 3.  

No reimbursement is required by this act pursuant to
39Section 6 of Article XIII B of the California Constitution for certain
40costs that may be incurred by a local agency or school district
P13   1because, in that regard, this act creates a new crime or infraction,
2eliminates a crime or infraction, or changes the penalty for a crime
3or infraction, within the meaning of Section 17556 of the
4Government Code, or changes the definition of a crime within the
5meaning of Section 6 of Article XIII B of the California
6Constitution.

7However, if the Commission on State Mandates determines that
8this act contains other costs mandated by the state, reimbursement
9to local agencies and school districts for those costs shall be made
10pursuant to Part 7 (commencing with Section 17500) of Division
114 of Title 2 of the Government Code.



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