BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 602
          Author:   Yamada (D), et al.
          Amended:  9/3/13 in Senate
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  6-0, 6/18/13
          AYES:  Hancock, Block, De León, Knight, Liu, Steinberg
          NO VOTE RECORDED:  Anderson

           SENATE HUMAN SERVICES COMMITTEE  :  6-0, 6/25/13
          AYES:  Yee, Berryhill, Emmerson, Evans, Liu, Wright

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 8/30/13
          AYES:  De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg

           ASSEMBLY FLOOR  :  76-0, 5/29/13 - See last page for vote


           SUBJECT  :    Mentally and developmentally disabled persons:   
          reporting abuse

           SOURCE  :     Author


           DIGEST  :    This bill requires the Commission on Peace Officer  
          Standards and Training (POST) to, by July 1, 2015, develop a  
          course on investigations of abuse of residents of state mental  
          hospitals and developmental centers and requires mandated  
          reporters to report specified forms of serious abuse of persons  
          in state mental hospitals and developmental centers to both  

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          local law enforcement and state investigators immediately, but  
          no later than two hours, a specified.

           Senate Floor Amendments  of 9/3/13 add double-jointing language  
          with SB 651 (Pavley).

           ANALYSIS  :    

          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 specified mandated reporter who, within the  
             scope of his/her employment, observes or has knowledge of  
             physical abuse, financial abuse or neglect, or is told by an  
             elder or dependent adult that he/she has experienced abuse,  
             or 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 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.

          5. 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  
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             agency or a local law enforcement agency, is a mandated  
             reporter.  

          6. 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/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.

          7. Requires all peace officers to complete an introductory  
             course of training prescribed by POST, demonstrated by  
             passage of an appropriate examination developed by POST.

          8. 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. 

          9. Requires POST to establish and update a continuing education  
             classroom training course related to law enforcement  
             interaction with mentally disabled persons. 

          10.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.  

          This bill:


          1. Requires POST to establish and keep updated a continuing  
             education training course relating to law enforcement  
             interaction with mentally disabled and developmentally  
             disabled persons living within a state mental hospital or  
             state developmental center. 


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          2. Requires that the training course be developed by POST in  
             consultation with appropriate community, local, and state  
             organizations and agencies that have expertise in the area of  
             mental illness and developmental disabilities, and with  
             appropriate consumer and family advocate groups.  In  
             developing the course, POST shall also examine existing  
             courses certified POST that relate to mentally disabled and  
             developmentally disabled persons.


           


          3. Requires POST to make the course available to all law  
             enforcement agencies in California, and establishes that the  
             course be a required part of an officer training program for  
             personnel serving in law enforcement agencies with  
             jurisdiction over state mental hospitals and state  
             developmental centers.





          4. Provides that the POST course may consist of video-based or  
             classroom instruction. 





          5. Requires that the course shall include, at a minimum,  
             specified core instruction.





          6. Adds to existing requirements to report suspected or alleged  
             abuse, the requirement to report suspected or alleged neglect  
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             in a state mental hospital or developmental center. 





          7. Specifies that a report be made "immediately but not later  
             than within two hours of the mandated reporter observing,  
             obtaining knowledge of or suspecting abuse" to designated  
             investigators of the Department of State Hosptials (DSH) or  
             the Department of Development Services (DDS) and also to the  
             local law enforcement agency if specified incidents is  
             alleged. 





          8. Requires that all other reports of suspected or alleged abuse  
             or neglect that occurred in a state mental hospital or a  
             state developmental center shall be made to designated  
             investigators of DSH or DDS, or to the local law enforcement  
             agency, as specified.





          9. Requires that when a local law enforcement agency receives an  
             initial report of suspected or alleged abuse or neglect in a  
             state mental hospital or a state developmental center, as  
             specified, the local law enforcement agency shall coordinate  
             efforts with the designated investigators at DSH and provide  
             the most immediate and appropriate response warranted to  
             investigate the mandated report.





          10.Permits the designated investigators of DSH and local law  
             enforcement agencies to collaborate to develop protocols to  
             implement the coordinated investigative efforts.
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          11.Requires mandated reporters within the DSH or DDS to  
             immediately "but no later than within two hours of the  
             mandated reporter observing, obtaining knowledge of or  
             suspecting abuse" report that abuse to the Office of  
             Protective Services or the local law enforcement agency.





          12.Adds double-jointing language with SB 651 (Pavley) to prevent  
             chaptering out conflicts.


           Prior/Related Legislation   
           
          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 and local  
          law enforcement. 

          SB 1051 (Liu, Statutes of 2012, Chapter 660) requires the DSH  
          and developmental centers within the 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 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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee:

           One-time costs of $125,000 and ongoing minor costs of less  
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            than $25,000 (Special Fund*) for POST to develop and maintain  
            the training course.  The provisions of the bill authorize  
            video-based instruction, which POST has indicated it intends  
            to utilize.

           Ongoing state-reimbursable costs potentially in the hundreds  
            of thousands of dollars (General Fund) for mandated training  
            of local law enforcement officers serving in agencies with  
            geographic jurisdiction over state mental hospitals and  
            developmental centers.

           One-time costs in the range of $62,000 to $125,000 (General  
            Fund) for 700 DSH officers to complete the training course.   
            This estimate assumes a two- to four-hour video-based training  
            course developed by POST.  Estimated costs of $45,000 to  
            $90,000 (General Fund) for 500 DDS officers to complete the  
            same training course.

           One-time minor costs (General Fund) for the DSH and DDS to  
            develop instructions to implement the revised reporting  
            requirements.

           Ongoing potentially significant state-reimbursable costs  
            potentially in excess of $150,000 (General Fund) statewide,  
            for local law enforcement to coordinate efforts with  
            designated investigators of DSH and DDS.

           Ongoing costs to the Judicial Branch, potentially in the range  
            of $25,000 to $50,000 (General Fund**) for additional  
            misdemeanor and felony court filings.  

           Non-reimbursable local enforcement costs offset to a degree by  
            fine revenue to the extent the provisions of this bill result  
            in additional violations of the misdemeanor offense of failure  
            to report

           Potential ongoing increased local and state incarceration  
            costs in excess of $100,000 statewide to the extent the  
            provisions of this bill result in a significant increase in  
            reports to law enforcement and subsequent prosecutions. 

          *Peace Officers Training Fund
          **Trial Court Trust Fund
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           SUPPORT  :   (Verified  9/4/13)

          Alameda County Developmental Disabilities Planning and Advisory  
          Council
          Area 4 Developmental Disabilities Board
          Association of Regional Center Agencies
          California Association of Psychiatric Technicians
          California Coalition Against Sexual Assault
          California Council of Community Mental Health Agencies
          California Public Defenders Association
          California State Council on Developmental Disabilities
          Contra Costa Health Services
          East Bay Developmental Disabilities Legislative Coalition
          Los Angeles County District Attorney's Office
          Mental Health America of California
          National Association of Social Workers
          The Arc
          United Cerebral Palsy

           OPPOSITION  :    (Verified  9/4/13)

          Department of Finance

           ARGUMENTS IN SUPPORT  :    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.
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           ARGUMENTS IN OPPOSITION  :    The Department of Finance states in  
          opposition that, "?because it results in General Fund costs for  
          DSH and may create a state reimbursable mandate. In addition,  
          this bill will result in additional POST costs that are not  
          included in the current budget.  This bill expands upon  
          requirements for DSH and DDS included in Chapter 660, Statutes  
          of 2012 (SB 1051).  SB 1051 required DSH and DDS to report  
          specified incidents related to abuse to advocacy agencies within  
          specified time periods."  
           
           ASSEMBLY FLOOR  :  76-0, 5/29/13
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,  
            Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,  
            Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,  
            Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández,  
            Jones, Jones-Sawyer, Levine, Logue, Lowenthal, Maienschein,  
            Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin,  
            Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea,  
            V. Manuel Pérez, Quirk, Quirk-Silva, Salas, Skinner, Stone,  
            Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams,  
            Yamada, John A. Pérez
          NO VOTE RECORDED:  Holden, Linder, Rendon, Vacancy


          JG:d  9/4/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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