BILL ANALYSIS Ó AB 602 Page 1 ASSEMBLY THIRD READING AB 602 (Yamada) As Amended May 24, 2013 Majority vote PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Harkey, Bigelow, | | |Jones-Sawyer, Mitchell, | |Bocanegra, Bradford, Ian | | |Quirk, Skinner, Waldron | |Calderon, Campos, | | | | |Donnelly, Eggman, Gomez, | | | | |Hall, Ammiano, Linder, | | | | |Pan, Quirk, Wagner, Weber | ----------------------------------------------------------------- SUMMARY : Permits the Commission on Peace Officer Standards and Training (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)Permits 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 AB 602 Page 2 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. 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. 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 AB 602 Page 3 reasonably suspects abuse, to immediately report the known or suspected abuse, as specified. 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 the local law enforcement agency. 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. FISCAL EFFECT : According to the Assembly Appropriations Committee, special fund costs in the range of $75,000 to POST to create and offer a specific and mandatory course for law enforcement interaction with persons living in a state hospital or developmental center. COMMENTS : Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0000880