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