BILL ANALYSIS �
AB 602
Page 1
Date of Hearing: April 2, 2013
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 602 (Yamada) - As Amended: April 1, 2013
SUMMARY : Requires POST training for peace officers related to
interaction with the mentally disabled or developmentally
disabled. Imposes additional requirements on mandated reporters
in state mental hospitals and state developmental centers.
Specifically, this bill :
1)Requires The Commission on Peace Officer Standards and
Training (POST) 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.
2)Provides that 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.
3)Requires that POST 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.
4)Requires that mandated reporters of elder or dependent adult
abuse report incidents of specified alleged abuse or neglect
in state mental hospitals or state developmental centers to
both local law enforcement and designated investigators of the
State Department of State Hospitals or the State Department of
Developmental Services, within two hours of the mandated
reporter observing, obtaining knowledge of, or suspecting
abuse. The specific incidents requiring reporting are:
a) Death.
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b) Sexual assault.
c) Assault with a deadly weapon.
d) Assault with force likely to produce great bodily
injury.
e) An injury to the genitals when the cause of the injury
is undetermined.
f) A broken bone when the cause of the injury is
undetermined.
g) Other reports of suspected or alleged abuse or neglect.
5)Requires 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.
EXISTING LAW :
1)Defines a "mandated reporter" as any person who has assumed
the care or custody of an elder or dependent adult, including
administrators, supervisors, or licensed staff of a public or
private facility that provides care to elder or dependent
adults, elder or dependent adult care custodian, health
practitioner, clergy member, employee of county adult
protective services, or a local law enforcement agency.
[Welfare and Institutions Code (WIC) Section 15630(a)(1).]
2)Requires any mandated reporter under the Elder Abuse and Adult
Civil Protection Act who, within the scope of his or her
employment, observes, has knowledge of physical abuse,
financial abuse or neglect, or is told by an elder or
dependent adult that he or she has experienced abuse, or
reasonably suspects abuse, to immediately report the known or
suspected abuse, as specified. [Welfare and Institutions Code
Section 15630(b)(1).]
3)Provides that if the abuse has occurred in long-term care
facility, except a state mental hospital or developmental
center, the report shall be made to the local ombudsperson or
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the local law enforcement agency. [Welfare and Institutions
Code Section 15630(b)(1)(a).]
4)Provides that failure to report elder abuse under the mandated
reporting requirement is a misdemeanor, punishable by
imprisonment in the county jail not to exceed six months; by a
fine of not more than $1,000; or by both. Failure to report
abuse that results in a death or great bodily injury shall be
punished by imprisonment in the county jail not to exceed one
year; by a fine not to exceed $5,000; or by both. [Welfare
and Institutions Code Section 15630(h).]
5)Vests in the State Department of Developmental Services (DDS)
jurisdiction over state hospitals referred to as developmental
centers for the provision of residential care to persons with
developmental disabilities. (Welfare and Institutions Code
Section 4440.)
6)Provides that a developmental center shall immediately report
all resident deaths and serious injuries of unknown origin to
the appropriate local law enforcement agency, which may, at
its discretion, conduct an independent investigation. The
reporting requirements of this subdivision are in addition to,
and do not substitute for, the reporting requirements of
mandated reporters. [Welfare and Institutions Code Section
4427.5(a).]
7)Mandates DDS to do the following:
a) Annually provide written information to every
developmental center employee regarding all of the
following:
i) The statutory and departmental requirements for
mandatory reporting of suspected or known abuse;
ii) The rights and protections afforded to individuals'
reporting of suspected or known abuse;
iii) The penalties for failure to report suspected or
known abuse; and
iv) The telephone numbers for reporting suspected or
known abuse or neglect to designated investigators of the
department and to local law enforcement agencies.
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b) On or before August 1, 2001, in consultation with
employee organizations, advocates, consumers, and family
members, develop a poster that encourages staff, residents,
and visitors to report suspected or known abuse and
provides information on how to make these reports.
[Welfare and Institutions Code Section 4427.5(b).]
8)States that any person who has assumed full or intermittent
responsibility for the care or custody of an elder or
dependent adult, whether or not he or she receives
compensation, including administrators, supervisors, and any
licensed staff of a public or private facility that provides
care or services for elder or dependent adults, or any elder
or dependent adult care custodian, health practitioner, clergy
member, or employee of a county adult protective services
agency or a local law enforcement agency, is a mandated
reporter. [Welfare and Institutions Code Section 15630(a).]
9)States that any mandated reporter who, in his or her
professional capacity, or within the scope of his or her
employment, has observed or has knowledge of an incident that
reasonably appears to be physical abuse, as defined,
abandonment, abduction, isolation, financial abuse, or
neglect, or is told by an elder or dependent adult that he or
she has experienced behavior, including an act or omission,
constituting physical abuse, as defined, abandonment,
abduction, isolation, financial abuse, or neglect, or
reasonably suspects that abuse, shall report the known or
suspected instance of abuse by telephone or through a
confidential Internet reporting tool, as authorized,
immediately or as soon as practicably possible. [Welfare and
Institutions Code Section 15630(b)(1).]
10)Provides any mandated reporter who has knowledge, or
reasonably suspects, that types of elder or dependent adult
abuse for which reports are not mandated have been inflicted
upon an elder or dependent adult, or that his or her emotional
well-being is endangered in any other way, may report the
known or suspected instance of abuse to the specified agency.
[Welfare and Institutions Code Section 15630(c)(1).]
11)Provides a mandated reporter in a long-term care facility
other than a state mental health hospital or state
developmental center, who has knowledge, or reasonably
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suspects abuse that is not mandated to be reported, may report
the known or suspected abuse to the long-term care
ombudsperson program. Except in an emergency, the local
ombudsperson shall report the case of known or suspected abuse
to the Department of Health Services. [Welfare and
Institutions Code Section 15630(c)(2).]
12)Provides if the suspected or alleged abuse occurred in a
state mental health hospital or a state developmental center,
the report may be made to the designated investigator of the
State Department of Mental Health or the State Department of
Developmental Services or to a local law enforcement agency or
to the local ombudsperson. Except in an emergency, the local
ombudsperson and the local law enforcement agency shall report
any case of known or suspected criminal activity to the Bureau
of Medi-Cal Fraud and Elder Abuse, as soon as is practicable.
[Welfare and Institutions Code Section 15630(c)(3).]
13)If the suspected or alleged abuse occurred in a place other
than those specified, the report may be made to the county
adult protective services agency. [Welfare and Institutions
Code Section 15630(c)(3).]
14)Provides if the conduct involves criminal activity other than
physical abuse, abandonment, abduction, isolation, financial
abuse, or neglect, it may be immediately reported to the
appropriate law enforcement agency. [Welfare and Institutions
Code Section 15630(d).]
15)States that a failure to report, or impeding or inhibiting a
report of, physical abuse, abandonment, abduction, isolation,
financial abuse, or neglect of an elder or dependent adult is
a misdemeanor, punishable by not more than six months in the
county jail, by a fine of not more than $1,000, or by both
that fine and imprisonment. Any mandated reporter who
willfully fails to report, or impedes or inhibits a report of,
physical abuse, abandonment, abduction, isolation, financial
abuse, or neglect of an elder or dependent adult, in violation
of this section, where that abuse results in death or great
bodily injury, shall be punished by not more than one year in
a county jail, by a fine of not more than $5,000, or by both
that fine and imprisonment. If a mandated reporter
intentionally conceals his or her failure to report an
incident known by the mandated reporter to be abuse or severe
neglect, the failure to report is a continuing offense until a
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law enforcement agency as specified discovers the offense.
[Welfare and Institutions Code Section 15630(h).]
16)Defines "dependent adult" as any person between the ages of
18 and 64 years who resides in California and who has physical
or mental limitations that restrict his or her ability to
carry out normal activities or to protect his or her rights,
including, but not limited to, persons who have physical or
developmental disabilities, or whose physical or mental
abilities have diminished because of age; and includes any
person between the ages of 18 and 64 years who is admitted as
an inpatient to a 24-hour health facility, as defined.
[Welfare and Institutions Code Sections 15610.23 and
15630(i).]
17)Requires all peace officers to complete an introductory
course of training prescribed by POST, demonstrated by passage
of an appropriate examination developed by POST. [Penal Code
Section 832(a).]
18)Establishes the Commission on Peace Officer Training and
Standards. (Penal Code Section 13500.)
19)Empowers POST to develop and implement programs to increase
the effectiveness of law enforcement. (Penal Code Section
13503.)
20)Authorizes POST, for the purpose of raising the level of
competence of local law enforcement officers, to adopt rules
establishing minimum standards related to physical, mental and
moral fitness and training that shall govern the recruitment
of any peace officers in California. [Penal Code Section
13510(a).]
21)Requires POST to conduct research concerning job-related
educational standards and job-related selection standards to
include vision, hearing, physical ability, and emotional
stability and adopt standards supported by this research.
[Penal Code Section 13510(b).]
22)Requires POST to establish a certification program for peace
officers, which shall be considered professional certificates.
[Penal Code Section 13510.1(a).]
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FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Horrifying
reports and documentation of systemic abuse and exploitation
of vulnerable developmental center and state hospital
residents have become sickening and routine. Deficiencies at
the Sonoma Developmental Center have led to a loss of
substantial federal funding, while the state hospital system
struggles to offer safety and security for residents.
Currently, in each system, reports of abuse are directed
internally and investigated by co-workers of those accused.
In order to assure impartial investigations and oversight of
the internal workings of developmental center and state
hospital systems, AB 602 mandates rapid reports of physical
abuse be made directly to external law enforcement. AB 602
also provides for updated and modernized training curriculum
for law enforcement officials working in close proximity to
state hospitals or developmental centers."
2)POST Training Requirements: POST was created by the
legislature in 1959 to set minimum selection and training
standards for California law enforcement. [Penal Code Section
13500(a).] Their mandate includes establishing minimum
standards for training of peace officers in California.
[Penal Code Section 13510(a).] As of 1989, all peace officers
in California are required to complete an introductory course
of training prescribed by POST, and demonstrate completion of
that course by passing an examination. [Penal Code Section
832(a).]
According to the POST Web site, the Regular Basic Course
Training includes 42 separate topics, ranging from juvenile
law and procedure to search and seizure. [POST, Regular Basic
Course Training Specifications;
< http://post.ca.gov/regular-basic-course-training-specification
s.aspx >.] These topics are taught during a minimum of 664
hours of training. [POST, Regular Basic Course, Course
Formats, available at:
http://post.ca.gov/regular-basic-course.aspx .] Over the
course of the training, individuals are trained not only on
policing skills such as crowd control, evidence collection and
patrol techniques, they are also required to recall the basic
definition of a crime and know the elements of major crimes.
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This requires knowledge of the California Penal code
specifically.
3)Investigating Incidents that Occur in Developmental Centers :
When a patient at one of the state's developmental centers is
seriously injured or dies, the following occurs: "Employees
must notify the facility's police force, Office of Protective
Services (OPS), whenever a patient dies is or seriously
injured. OPS officers are required to respond immediately and
secure the scene for evidence. OPS must then notify the
coroner's office and a local law enforcement agency of all
deaths or serious injuries. The developmental center must
also report patient deaths to the state Department of Public
Health, which regulates facilities. Doctors, nurses and
caretakers are mandatory reporters.
"Local police or sheriff's departments can open criminal
investigations at their discretion. OPS conducts criminal
investigations and internal administrative reviews of
suspicious deaths. Coroner and medical examiner officers can
perform autopsies to find the cause of death. The Department
of Public Heath investigates to determine if facility errors
contributed to the death. If regulators find the
developmental center at fault, they can issue fines and AA
citations which can put the facility's license in jeopardy.
However, the state has not revoked the license of its own
centers even after they receive multiple AA citations.
Disability Rights California, a nonprofit group, has authority
under federal and state law to investigate abuse of the
disabled and publish its findings. It has access to
developmental patient records and police files the public does
not.
"City police and sheriff's departments can refer the results of
their investigations to district attorneys' offices, which
decide whether to file criminal charges. Detectives with OPS
must show their reports to lawyers for the state DDS, which
operates the centers, before sending cases out to
prosecutors." [Alvarado and Springfield, Who is Accountable
for Suspected Abuse at Developmental Centers? California Watch
(Feb. 23, 2012).]
Increasing incidents of unexplained injuries and deaths have
raised questions as to whether the current process provides
sufficient protections for residents of developmental centers.
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According to inspection data from the Department of Public
Health, "The developmental centers have been the scene of 327
patient abuse cases since 2006 . . . . Patients have suffered
an additional 762 injuries of 'unknown origin' - often a
signal of abuse that under state policy should be investigated
as a potential crime. At the state's five centers, the list
of unexplained injuries includes patients who suffered deep
cuts on the head; a fractured pelvis; a broken jaw; busted
ribs, shins and wrists; bruises and tears to male genitalia;
and burns on the skin the size and shape of a cigarette butt."
[Gabrielson, Police Force's Sloppy Investigations Leave Abuse
of Disabled Unsolved, California Watch (Feb. 23, 2012).] The
OPS "often learns about potential abuse hours or days after
the fact - if they find out at all. Of the hundreds of abuse
cases reported at the centers since 2006, California Watch
could find just two cases where the department made an
arrest." (Id.)
4)Background : According to the background submitted by the
author, "Law enforcement are not required to be contacted when
a vulnerable adult living within a developmental center or
state mental hospital is seriously injured from known or
suspected physical abuse.
"WIC Section 15630 (b)(1)(E) provides for certain reports to
be directed to the state hospital or developmental center
(depending on the locale of the known or suspected abuse)
internal investigatory body or local law enforcement. AB 602
calls for reports of death, sexual assault, assault with a
deadly weapon, an assault with force likely to cause great
bodily injury, injury to genitalia, or broken bones to be
reported to internal investigatory bodies of the developmental
centers or the state hospitals and local law enforcement.
"15630 (b)(1)(E)(ii) provides for immediate reporting. AB 602
calls for immediate, but no later than 2 hrs. Existing law
does not specify a maximum time frame, though a 24hour period
is general accepted as the norm for emergency reporting.
"Law enforcement training opportunities to learn and
understand the unique techniques necessary to respond
effectively to abuse within institutional settings where
jurisdiction may be shared, and co-workers of employees of the
investigatory body are the subject of the investigation, is
unavailable. Existing training for law enforcement requires
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modernization to be responsive and useful in the rapidly
changing developmental and state hospital environments.
5)Argument in Support : According to the California Public
Defenders Association , "This bill would require the Commission
on Peace Officer Standards and Training to establish, by July
1, 2015, a POST program geared towards training law
enforcement in interactions with mentally disabled or
developmentally disabled residents of state mental hospitals
or developmental centers. This bill also makes a change with
respect to mandated reports of suspected abuse or neglect
occurring at these types of institutions. This bill would
require reports be made both to hospital and developmental
center investigators and to local law enforcement agencies in
specified cases, including incidents involving death or sexual
assault. This bill also would require local law enforcement
to coordinate efforts with hospital or developmental center
investigators to provide a response to any report.
"The establishment of the envisioned POST program would be a
substantial improvement to the existing POST program for
police interaction with the mentally disabled. This
provision, combined with the bill's provisions regarding
reporting and reporting response, will enhance patient safety
in state mental hospitals and developmental centers."
6)Prior Legislation :
a) AB 40 (Yamada), statutes of 2012, Chapter 659, requires
mandated reporters of elder or dependent adult abuse to
report suspected or known instances of physical abuse,
occurring in a long-term care facility, to both the
Long-Term Care Ombudsman (LTCO) and local law enforcement.
b) SB 1051 (Liu), statutes of 2012, Chapter 660, 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.
c) SB 1522 (Leno), statutes of 2012, Chapter 666, requires
a state developmental center (DC) to report to local law
enforcement all deaths, sexual assaults, assaults with a
deadly weapon or force likely to produce great bodily
injury, and other specified incidents.
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REGISTERED SUPPORT / OPPOSITION :
Support
Association of Regional Center Agencies
California Public Defenders Association
National Association of Social Workers
Opposition
None
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744