AB 602, as amended, 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.
begin delete This bill would require the commission to submit a report to the Legislature, by October 1, 2017, that contains specified information regarding this training.end delete 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, as specified, 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:
Section 13515.30 is added to the Penal Code, to
(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)
begin delete shallend delete consist of
begin delete instruction and shall utilize interactive The course shall include, at a minimum, core
23training methods to ensure that the training is as realistic as
25instruction in all of the following:
26(1) The prevalence, cause, and nature of mental illnesses and
28(2) The unique characteristics, barriers, and challenges of
29individuals who may be a victim of abuse or exploitation living
30within a state mental hospital or state developmental center.
31(3) How to accommodate, interview, and converse with
32individuals who may require assistive devices in order to express
34(4) Capacity and consent of individuals with cognitive and
P4 1(5) Conflict resolution and deescalation techniques for
2potentially dangerous situations involving mentally disabled or
3developmentally disabled persons.
4(6) Appropriate language usage when interacting with mentally
5disabled or developmentally disabled persons.
6(7) Community and state resources and advocacy support and
7services available to serve mentally disabled or developmentally
8disabled persons, and how these resources can be best utilized by
9law enforcement to benefit the mentally disabled or
10developmentally disabled community.
11(8) The fact that a crime committed in whole or in part because
12of an actual or perceived disability of the victim is a hate crime
13punishable under Title 11.6 (commencing with Section 422.55)
14of Part 1.
15(9) Information on the state mental hospital system and the state
16developmental center system.
17(10) Techniques in conducting forensic investigations within
18institutional settings where jurisdiction may be shared.
19(11) Examples of abuse and exploitation perpetrated by
20caregivers, staff, contractors, or administrators of state mental
21hospitals and state developmental centers, and how to conduct
22investigations in instances where a perpetrator may also be a
23caregiver or provider of therapeutic or other services.
24(c) The commission shall submit a report to the Legislature by
25October 1, 2017, that shall include all of the following:
26(1) A description of the process by which the course was
27established, including a list of the agencies and groups that were
29(2) Information on the number of law enforcement agencies
30that utilized, and the number of officers that attended, the course
31or other courses certified by the commission relating to mentally
32disabled or developmentally disabled persons living within a state
33mental hospital or state developmental center from July 1, 2015
34to July 1, 2017, inclusive.
35(d) (1) The requirement for submitting a report imposed under
36subdivision (c) is inoperative on October 1, 2021, pursuant to
37Section 10231.5 of the Government Code.
38(2) A report to be submitted pursuant to subdivision (c) shall
39be submitted in compliance with Section 9795 of the Government
P5 1(e) It is the intent of the Legislature to reevaluate, on the basis
2of its review of the report required in subdivision (c), the extent
3to which law enforcement officers are receiving adequate training
4in how to interact with mentally disabled or developmentally
5disabled persons living within a state mental hospital or state
Section 15630 of the Welfare and Institutions Code is
8amended to read:
(a) Any person who has assumed full or intermittent
10responsibility for the care or custody of an elder or dependent
11adult, whether or not he or she receives compensation, including
12administrators, supervisors, and any licensed staff of a public or
13private facility that provides care or services for elder or dependent
14adults, or any elder or dependent adult care custodian, health
15practitioner, clergy member, or employee of a county adult
16protective services agency or a local law enforcement agency, is
17a mandated reporter.
18(b) (1) Any mandated reporter who, in his or her professional
19capacity, or within the scope of his or her employment, has
20observed or has knowledge of an incident that reasonably appears
21to be physical abuse, as defined in Section 15610.63, abandonment,
22abduction, isolation, financial abuse, or neglect, or is told by an
23elder or dependent adult that he or she has experienced behavior,
24including an act or omission, constituting physical abuse, as defined
25in Section 15610.63, abandonment, abduction, isolation, financial
26abuse, or neglect, or reasonably suspects that abuse, shall report
27the known or suspected instance of abuse by telephone or through
28a confidential Internet reporting tool, as authorized by Section
2915658, immediately or as soon as practicably possible. If reported
30by telephone, a written report shall be sent, or an Internet report
31shall be made through the confidential Internet reporting tool
32established in Section 15658, within two working days.
33(A) If the
suspected or alleged abuse is physical abuse, as
34defined in Section 15610.63, and the abuse occurred in a long-term
35care facility, except a state mental health hospital or a state
36developmental center, the following shall occur:
37(i) If the suspected abuse results in serious bodily injury, a
38telephone report shall be made to the local law enforcement agency
39immediately, but also no later than within two hours of the
40mandated reporter observing, obtaining knowledge of, or
P6 1suspecting the physical abuse, and a written report shall be made
2to the local ombudsman, the corresponding licensing agency, and
3the local law enforcement agency within two hours of the mandated
4reporter observing, obtaining knowledge of, or suspecting the
6(ii) If the suspected abuse does not
result in serious bodily injury,
7a telephone report shall be made to the local law enforcement
8agency within 24 hours of the mandated reporter observing,
9obtaining knowledge of, or suspecting the physical abuse, and a
10written report shall be made to the local ombudsman, the
11corresponding licensing agency, and the local law enforcement
12agency within 24 hours of the mandated reporter observing,
13obtaining knowledge of, or suspecting the physical abuse.
14(iii) When the suspected abuse is allegedly caused by a resident
15with a physician’s diagnosis of dementia, and there is no serious
16bodily injury, as reasonably determined by the mandated reporter,
17drawing upon his or her training or experience, the reporter shall
18report to the local ombudsman or law enforcement agency by
19telephone, immediately or as soon as practicably possible, and by
20written report, within 24 hours.
21(iv) When applicable, reports made pursuant to clauses (i) and
22(ii) shall be deemed to satisfy the reporting requirements of the
23federal Elder Justice Act of 2009, as set out in Subtitle H of the
24federal Patient Protection and Affordable Care Act (Public Law
25111-148), Section 1418.91 of the Health and Safety Code, and
26Section 72541 of Title 22 of California Code of Regulations. When
27a local law enforcement agency receives an initial report of
28suspected abuse in a long-term care facility pursuant to this
29subparagraph, the local law enforcement agency may coordinate
30efforts with the local ombudsman to provide the most immediate
31and appropriate response warranted to investigate the mandated
32report. The local ombudsman and local law enforcement agencies
33may collaborate to develop protocols to implement this
35(B) Notwithstanding the rulemaking provisions of Chapter 3.5
36(commencing with Section 11340) of Part 1 of Division 3 of Title
372 of the Government Code, or any other law, the department may
38implement subparagraph (A), in whole or in part, by means of
39all-county letters, provider bulletins, or other similar instructions
40without taking regulatory action.
P7 1(C) If the suspected or alleged abuse is abuse other than physical
2abuse, and the abuse occurred in a long-term care facility, except
3a state mental health hospital or a state developmental center, a
4telephone report and a written report shall be made to the local
5ombudsman or the local law enforcement agency.
6(D) With regard to abuse reported pursuant to subparagraph
7 (C), the local ombudsman and the local law enforcement agency
8shall, as soon as practicable, except in the case of an emergency
9or pursuant to a report required to be made pursuant to clause (v),
10in which case these actions shall be taken immediately, do all of
12(i) Report to the State Department of Public Health any case of
13known or suspected abuse occurring in a long-term health care
14facility, as defined in subdivision (a) of Section 1418 of the Health
15and Safety Code.
16(ii) Report to the State Department of Social Services any case
17of known or suspected abuse occurring in a residential care facility
18for the elderly, as defined in Section 1569.2 of the Health and
19Safety Code, or in an adult day program, as defined in paragraph
20(2) of subdivision (a) of Section 1502 of the Health and Safety
22(iii) Report to the State Department of Public Health and the
23California Department of Aging any case of known or suspected
24abuse occurring in an adult day health care center, as defined in
25subdivision (b) of Section 1570.7 of the Health and Safety Code.
26(iv) Report to the Bureau of Medi-Cal Fraud and Elder Abuse
27any case of known or suspected criminal activity.
28(v) Report all cases of known or suspected physical abuse and
29financial abuse to the local district attorney’s office in the county
30where the abuse occurred.
31(E) (i) If the suspected or alleged abuse or neglect occurred in
32a state mental hospital or a state developmental center, and the
33suspected or alleged abuse or neglect resulted in any of the
34following incidents, a report shall be made immediately, but no
35later than within two hours of the mandated reporter observing,
36obtaining knowledge of, or suspecting abuse, to designated
37investigators of the State Department of State Hospitals or the
38State Department of Developmental Services, and also to the local
39law enforcement agency:
40(I) A death.
P8 1(II) A sexual assault, as defined in Section 15610.63.
2(III) An assault with a deadly weapon, as described in Section
3245 of the Penal Code, by a nonresident of the state mental hospital
4or state developmental center.
5(IV) An assault with force likely to produce great bodily injury,
6as described in Section 245 of the Penal Code.
7(V) An injury to the genitals when the cause of the injury is
9(VI) A broken bone, when the cause of the break is
11(ii) All other reports of suspected or alleged abuse or neglect
12that occurred in a state mental hospital or a state developmental
13center shall be made to designated investigators of the State
14Department of State Hospitals or the State Department of
15Developmental Services, or to the local law enforcement agency.
16(iii) When a local law enforcement agency
receives an initial
17report of suspected or alleged abuse or neglect in a state mental
18hospital or a state developmental center pursuant to clause (i), the
19local law enforcement agency shall coordinate efforts with the
20 designated investigators of the State Department of State Hospitals
21or the State Department of Developmental Services to provide the
22most immediate and appropriate response warranted to investigate
23the mandated report. The designated investigators of the State
24Department of State Hospitals or the State Department of
25Developmental Services and local law enforcement agencies may
26collaborate to develop protocols to implement this clause.
27(iv) Except in an emergency, the local law enforcement agency
28shall, as soon as practicable, report any case of known or suspected
29criminal activity to the Bureau of Medi-Cal Fraud and Elder Abuse.
30(v) Mandated reporters of the State Department of State
31Hospitals or the State Department of Developmental Services shall
32immediately, but no later than within two hours of the mandated
33reporter observing, obtaining knowledge of, or suspecting abuse,
34report suspected abuse to the Office of Protective Services or to
35the local law enforcement agency.
36(F) If the abuse has occurred in any place other than a long-term
37care facility, a state mental hospital, or a state developmental
38center, the report shall be made to the adult protective services
39agency or the local law enforcement agency.
P9 1(2) (A) A mandated reporter who is a clergy member who
2acquires knowledge or reasonable suspicion of elder or dependent
3adult abuse during a penitential communication is not subject to
4paragraph (1). For purposes of this subdivision, “penitential
5communication” means a communication that is intended to be in
6confidence, including, but not limited to, a sacramental confession
7made to a clergy member who, in the course of the discipline or
8practice of his or her church, denomination, or organization is
9authorized or accustomed to hear those communications and under
10the discipline tenets, customs, or practices of his or her church,
11denomination, or organization, has a duty to keep those
13(B) This subdivision shall not be construed to modify or limit
14a clergy member’s duty to report known or suspected elder and
15dependent adult abuse if he or she is acting in the capacity of a
16care custodian, health practitioner, or employee of an adult
17protective services agency.
18(C) Notwithstanding any other provision in this section, a clergy
19member who is not regularly employed on either a full-time or
20part-time basis in a long-term care facility or does not have care
21or custody of an elder or dependent adult shall not be responsible
22for reporting abuse or neglect that is not reasonably observable or
23discernible to a reasonably prudent person having no specialized
24training or experience in elder or dependent care.
25(3) (A) A mandated reporter who is a physician and surgeon,
26a registered nurse, or a psychotherapist, as defined in Section 1010
27of the Evidence Code, shall not be required to report, pursuant to
28paragraph (1), an incident if all of the following conditions exist:
29(i) The mandated reporter has been told by an elder or dependent
30adult that he or she has experienced behavior constituting physical
31abuse, as defined in Section 15610.63, abandonment, abduction,
32isolation, financial abuse, or neglect.
33(ii) The mandated reporter is not aware of any independent
34evidence that corroborates the statement that the abuse has
36(iii) The elder or dependent adult has been diagnosed with a
37mental illness or dementia, or is the subject of a court-ordered
38conservatorship because of a mental illness or dementia.
39(iv) In the exercise of clinical judgment, the physician and
40surgeon, the registered nurse, or the psychotherapist, as defined
P10 1in Section 1010 of the Evidence Code, reasonably believes that
2the abuse did not occur.
3(B) This paragraph shall not be construed to impose upon
4mandated reporters a duty to investigate a known or suspected
5incident of abuse and shall not be construed to lessen or restrict
6any existing duty of mandated reporters.
7(4) (A) In a long-term care facility, a mandated reporter shall
8not be required to report as a suspected incident of abuse, as defined
9in Section 15610.07, an incident if all of the following conditions
11(i) The mandated reporter is aware that there is a proper plan
13(ii) The mandated reporter is aware that the plan of care was
14properly provided or executed.
15(iii) A physical, mental, or medical injury occurred as a result
16of care provided pursuant to clause (i) or (ii).
17(iv) The mandated reporter reasonably believes that the injury
18was not the result of abuse.
19(B) This paragraph shall not be construed to require a mandated
20reporter to seek, nor to preclude a mandated reporter from seeking,
21information regarding a known or suspected incident of abuse prior
22to reporting. This paragraph shall apply only to those categories
23of mandated reporters that the State Department of Public Health
24determines, upon approval by the Bureau of Medi-Cal Fraud and
25Elder Abuse and the state long-term care ombudsman, have access
26to plans of care and have the training and experience necessary to
27determine whether the conditions specified in this section have
29(c) (1) Any mandated reporter who has knowledge, or
30reasonably suspects, that types of elder or dependent adult abuse
31for which reports are not mandated have been inflicted upon an
32elder or dependent adult, or that his or her emotional well-being
33is endangered in any other way, may report the known or suspected
34instance of abuse.
35(2) If the suspected or alleged abuse occurred in a long-term
36care facility other than a state mental health hospital or a state
37developmental center, the report may be made to the long-term
38care ombudsman program. Except in an emergency, the local
39ombudsman shall report any case of known or suspected abuse to
40the State Department of Public Health and any case of known or
P11 1suspected criminal activity to the Bureau of Medi-Cal Fraud and
2Elder Abuse, as soon as is practicable.
3(3) If the suspected or alleged abuse occurred in a state mental
4health hospital or a state developmental center, the report may be
5made to the designated investigator of the State Department of
6State Hospitals or the State Department of Developmental Services
7or to a local law enforcement agency. Except in an emergency,
8the local law enforcement agency shall report any case of known
9or suspected criminal activity to the Bureau of Medi-Cal Fraud
10and Elder Abuse, as soon as is practicable.
11(4) If the suspected or alleged abuse occurred in a place other
12than a place described in paragraph (2) or (3), the report may be
13made to the county adult protective services agency.
14(5) If the conduct involves criminal activity not covered in
15subdivision (b), it may be immediately reported to the appropriate
16law enforcement agency.
17(d) If two or more mandated reporters are present and jointly
18have knowledge or reasonably suspect that types of abuse of an
19elder or a dependent adult for which a report is or is not mandated
20have occurred, and there is agreement among them, the telephone
21report or Internet report, as authorized by Section 15658, may be
22made by a member of the team selected by mutual agreement, and
23a single report may be made and signed by the selected member
24of the reporting team. Any member who has knowledge that the
25member designated to report has failed to do so shall thereafter
26make the report.
27(e) A telephone report or Internet report, as authorized by
28Section 15658, of a known or suspected instance of elder or
29 dependent adult abuse shall include, if known, the name of the
30person making the report, the name and age of the elder or
31dependent adult, the present location of the elder or dependent
32adult, the names and addresses of family members or any other
33adult responsible for the elder’s or dependent adult’s care, the
34nature and extent of the elder’s or dependent adult’s condition, the
35date of the incident, and any other information, including
36information that led that person to suspect elder or dependent adult
37abuse, as requested by the agency receiving the report.
38(f) The reporting duties under this section are individual, and
39no supervisor or administrator shall impede or inhibit the reporting
40duties, and no person making the report shall be subject to any
P12 1sanction for making the report. However, internal procedures to
2facilitate reporting, ensure confidentiality, and apprise supervisors
3and administrators of reports may be established, provided they
4are not inconsistent with this chapter.
5(g) (1) Whenever this section requires a county adult protective
6services agency to report to a law enforcement agency, the law
7enforcement agency shall, immediately upon request, provide a
8copy of its investigative report concerning the reported matter to
9that county adult protective services agency.
10(2) Whenever this section requires a law enforcement agency
11to report to a county adult protective services agency, the county
12adult protective services agency shall, immediately upon request,
13provide to that law enforcement agency a copy of its investigative
14report concerning the reported matter.
15(3) The requirement to disclose investigative reports pursuant
16to this subdivision shall not include the disclosure of social services
17records or case files that are confidential, nor shall this subdivision
18be construed to allow disclosure of any reports or records if the
19disclosure would be prohibited by any other provision of state or
21(h) Failure to report, or impeding or inhibiting a report of,
22physical abuse, as defined in Section 15610.63, abandonment,
23abduction, isolation, financial abuse, or neglect of an elder or
24dependent adult, in violation of this section, is a misdemeanor,
25punishable by not more than six months in the county jail, by a
26fine of not more than one thousand dollars ($1,000), or by both
27that fine and imprisonment. Any mandated reporter who willfully
28fails to report, or impedes or inhibits a report of, physical abuse,
29as defined in Section 15610.63, abandonment, abduction, isolation,
30financial abuse, or neglect of an elder or dependent adult, in
31violation of this section, if that abuse results in death or great bodily
32injury, shall be punished by not more than one year in a county
33jail, by a fine of not more than five thousand dollars ($5,000), or
34by both that fine and imprisonment. If a mandated reporter
35intentionally conceals his or her failure to report an incident known
36by the mandated reporter to be abuse or severe neglect under this
37section, the failure to report is a continuing offense until a law
38enforcement agency specified in paragraph (1) of subdivision (b)
39of Section 15630 discovers the offense.
P13 1(i) For purposes of this section, “dependent adult” shall have
2the same meaning as in Section 15610.23.
No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution for certain
5costs that may be incurred by a local agency or school district
6because, in that regard, this act creates a new crime or infraction,
7eliminates a crime or infraction, or changes the penalty for a crime
8or infraction, within the meaning of Section 17556 of the
9Government Code, or changes the definition of a crime within the
10meaning of Section 6 of Article XIII B of the California
12However, if the Commission on State Mandates determines that
13this act contains other costs mandated by the state, reimbursement
14to local agencies and school districts for those costs shall be made
15pursuant to Part 7 (commencing with Section 17500) of Division
164 of Title 2 of the Government Code.