BILL ANALYSIS �
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair A
2013-2014 Regular Session B
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AB 602 (Yamada)
As Amended May 24, 2013
Hearing date: June 18, 2013
Penal and Welfare and Institutions Codes
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RESIDENTS OF STATE HOSPITALS AND DEVELOPMENTAL CENTERS:
PEACE OFFICER TRAINING AND MANDATED REPORTERS
HISTORY
Source: Author
Prior Legislation: AB 40 (Yamada) - Ch. 65, Stats. 2012
SB 1051 (Liu) - Ch. 660, Stats. 2012
SB 1522 (Leno) - Ch. 666, Stats. 2012
Support: Association of Regional Center Agencies; California
Public Defenders Association; National Association of
Social Workers
Opposition:None known
Assembly Floor Vote: Ayes 76 - Noes 0
KEY ISSUES
SHOULD THE COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING
DEVELOP TRAINING ABOUT INVESTIGATING ABUSE OF RESIDENTS OF STATE
MENTAL HOSPITALS AND DEVELOPMENTAL CENTERS?
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(CONTINUED)
IN INVESTIGATING CLAIMS OF ABUSE OF STATE HOSPITAL AND DEVELOPMENTAL
CENTER RESIDENTS, SHOULD LOCAL LAW ENFORCEMENT COORDINATE EFFORTS
WITH STATE INVESTIGATORS?
SHOULD MANDATED REPORTERS BE REQUIRED TO REPORT SPECIFIED FORMS OF
SERIOUS ABUSE OF STATE HOSPITAL AND DEVELOPMENTAL CENTER RESIDENTS
TO BOTH LOCAL LAW ENFORCEMENT AND STATE INVESTIGATORS WITHIN TWO
HOURS?
PURPOSE
The purposes of this bill are to 1) require the Commission on
Peace Officer Standards and Training to develop a course on
investigations of abuse of residents of state mental hospitals
and developmental centers; 2) direct local law enforcement to
coordinate efforts with state investigators in investigations of
abuse of residents of state hospitals and developmental centers;
and 3) require mandated reporters to report specified forms of
serious abuse of persons in state mental hospitals and
developmental centers to both local law enforcement and state
investigators within two hours.
Mandated Reporting of Abuse of the Elderly or Dependent Adults
and Responses by Law Enforcement
Current law 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. (Welf.
& Inst. Code � 15630, subd. (a)(1).)
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Current law requires any specified mandated reporter who, within
the scope of his or her employment, observes or 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. (Welf. & Inst. Code
� 15630, subd. (b)(1).)
Current law 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. (Welf. & Inst. Code � 15630,
subd. (b)(1)(A).)
Current law provides that failure to make a mandated elder abuse
report is a misdemeanor, with a maximum jail term of six months,
a fine of up to $1,000, or both. Where the abuse resulted in
death or great bodily injury, the penalty is a maximum jail term
of one year, a fine of up to $5,000, or both. (Welf. & Inst.
Code � 15630, subd. (h).)
Current law gives the State Department of Developmental Services
(DDS) jurisdiction over developmental centers<1> that provide
residential care to persons with developmental disabilities.
(Welf. & Inst. Code � 4440.)
Current law provides that a developmental center shall
immediately report all deaths and serious injuries of unknown
origin to the appropriate local law enforcement agency, which
may, at its discretion, conduct an independent investigation.
These reporting requirements are in addition to the reporting
requirements of mandated reporters. (Welf. & Inst. Code �
4427.5, subd. (a).)
Current law mandates DDS to do the following:
---------------------------
<1> Developmental centers "are licensed and certified as Skilled
Nursing Facility (SNF), Intermediate Care Facility/Mentally
Retarded (ICF/MR), and General Acute Care hospitals (GAC)."
http://www.dds.ca.gov/DevCtrs/Home.cfm.
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Annually provide written information to every
developmental center employee regarding all of the
following:
o statutory and departmental requirements for
mandatory reporting of abuse;
o rights and protections afforded to persons
reporting abuse;
o penalties for failure to report suspected or
known abuse; and
o telephone numbers for reporting suspected or
known abuse or neglect to designated investigators of
the department and to local law enforcement agencies.
(Welf. & Inst. Code � 4427.5, subd. (b).)
Current law states that any person who has assumed full or
intermittent responsibility for the care or custody of an elder
or dependent adult, including administrators, supervisors, and
any licensed staff of a 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. (Welf. & Inst. Code
� 15630, subd. (a).)
Current law states that any mandated reporter who, in his or her
professional capacity or scope of employment has observed or
knows of an incident of physical abuse, abandonment, abduction,
isolation, financial abuse, or neglect, or is told by an elder
or dependent adult that he or she has experienced such behavior,
or who reasonably suspects abuse, shall report by telephone or
through a confidential Internet reporting tool, immediately or
as soon as possible. (Welf. & Inst. Code � 15630, subd.
(b)(1).)
Current law provides where any mandated reporter knows or
reasonably suspects abuse that is not subject to mandatory
report, may report abuse that endangers the elder or dependent
adult's
endangered in any other way, may report the known or suspected
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instance of abuse. (Welf. & Inst. Code � 15630, subd. (c)(1).)
Current law provides that 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 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. (Welf. & Inst. Code � 15630, subd. (c)(2).)
Current law 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 (DSH) or the State
Department of Developmental Services (DDS), or to a local law
enforcement agency or ombudsperson. Except in an emergency, the
local ombudsperson and 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.
(Welf. & Inst. Code � 15630, subd. (c)(3).)
Current law 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. (Welf. & Inst. Code �
15630, subd. (d).)
Current law 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 up to six months in the
county jail, a fine of not more than $1,000, or both. Where the
abuse results in death or great bodily injury, the misdemeanor
penalty is a maximum jail term is one year, a fine of not more
than $5,000, or both. 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 law enforcement agency as
specified discovers the offense. (Welf. & Inst. Code � 15630,
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subd. (h).)
Current law 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. (Welf. &
Inst. Code �� 15610.23 and 15630, subd. (i).)
This bill provides that mandated reporters of elder or dependent
adult abuse report shall report specified forms of serious abuse
or neglect in state hospitals or developmental centers to both
local law enforcement and designated DSH or DDS investigators.
Reports must be made within
two hours of the mandated reporter observing, obtaining
knowledge of, or suspecting abuse. The specific incidents
requiring reporting are:
Death.
Sexual assault.
Assault with a deadly weapon.
Assault with force likely to produce great bodily
injury.
An injury to the genitals when the cause of the injury
is undetermined.
A broken bone when the cause of the injury is
undetermined.
Other reports of suspected or alleged abuse or neglect.
This bill requires a local law enforcement agency to coordinate
investigative efforts as to such abuse reports with designated
DSH or DDS investigators.
Training of Peace Officers Through - the Commission on Peace
Officer Standards and Training (POST)
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Current law requires all peace officers to complete an
introductory course of training prescribed by POST, demonstrated
by passage of an appropriate examination developed by POST.
(Pen. Code � 832, subd. (a).)
Current law requires every police officer or deputy sheriff who
is assigned field or investigative duties to complete an elder
and dependent adult abuse training course certified by POST.
(Pen. Code � 13515, subd. (a).)
Current law requires POST to establish and update a continuing
education classroom training course related to law enforcement
interaction with mentally disabled persons. (Penal Code
� 13515.25(a).)
Current law requires POST to create and make available on DVD a
course on how to recognize and interact with persons with
autistic spectrum disorders. POST may distribute the material
electronically. (Pen. Code � 13515.35, subd. (a).)
This bill 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.
This bill 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.
This bill requires that POST submit a report to the Legislature,
by October 1, 2017, that contains specified information
regarding this training.
COMMENTS
1. Need for This Bill
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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 Including Specialized Training
Mandated or Authorized by Legislation
The Commission on Peace Officer Standards and Training (POST)
was created by the Legislature in 1959 to set minimum selection
and training standards for California law enforcement. (Pen.
Code �� 13500, subd. (a), 13510, subd. (a).) As of 1989, all
peace officers in California are required to successfully
complete an introductory course of training prescribed by POST.
(Pen. Code � 832, subd. (a).)
According to the POST Web site, the Regular Basic Course
Training includes 42 separate topics, ranging from juvenile law
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and procedure to search and seizure.<2> These topics are taught
during a minimum of 664 hours of training.<3> Peace officer
candidates 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. The Legislature has mandated or
authorized numerous POST training requirements. Examples of
mandated special training include interactions with victims of
human trafficking, avoidance of racial profiling, handling hate
crimes and, as particularly relevant to this bill, interactions
with persons with mental illnesses, development disabilities, or
both.
3. Investigating Incidents that Occur in Developmental Centers
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<2> POST, Regular Basic Course Training Specifications;
.)
<3> POST, Regular Basic Course, Course Formats, available at:
http://post.ca.gov/regular-basic-course.aspx.
A recent report by California Watch on abuse of residents of
developmental centers was extremely critical. California Watch
reported:
[When a patient at one of the state's developmental
centers is seriously injured or dies,] employees must
notify the facility's police force, Office of
Protective Services (OPS). ?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
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centers, before sending cases out to prosecutors."
(Alvarado and Springfield, Who is Accountable for
Suspected Abuse at Developmental Centers? California
Watch (Feb. 23, 2012).)
The report also noted that increasing incidents of unexplained
injuries and deaths have raised questions as to whether the
current process provides sufficient protections for residents of
developmental centers. Inspection data from the Department of
Public Health showed that "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. Prior Related Legislation
As noted above, there have been many published reports about
abuse in developmental centers and problems with investigations
of these incidents, which have included homicides, rapes and
other serious crimes. There have also been numerous published
reports about homicides, assaults and other serious incidents in
state mental hospitals. Many bills have been introduced in
recent years to address these concerns. Some of these bills are
described briefly, below:
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,
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occurring in a long-term care facility, to both the
Long-Term Care Ombudsman (LTCO) and local law enforcement.
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.
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.
SB 60 (Evans) 2011, held in Senate Appropriations, would
have required a risk assessment of any patient committed to
a Department of State Hospitals (DSH) through a Penal Code
provision. Such patients include mentally disordered
offenders, defendants who are incompetent to stand trial,
among others. The analysis of SB 60 noted that DSH had
issues a report and plan in 2010 to increase security in
state hospitals.
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