BILL ANALYSIS �
AB 602
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CONCURRENCE IN SENATE AMENDMENTS
AB 602 (Yamada)
As Amended September 3, 2013
Majority vote
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|ASSEMBLY: |76-0 |(May 29, 2013) |SENATE: |39-0 |(September 9, |
| | | | | |2013) |
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Original Committee Reference: PUB. S.
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.
The Senate amendments :
1)Specify that a developmental center is required to report
specified abuse or death immediately, but no later than within
two hours of the mandated reporter observing, obtaining
knowledge of, or suspecting abuse.
2)Double joint this bill with SB 651 (Pavley) of the current
legislative session.
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
reasonably suspects abuse, to immediately report the known or
suspected abuse, as specified.
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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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Permitted 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)Provided 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)Required 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)Required 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 (DHS) or the State
Department of Developmental Services (DDS), within two hours
of the mandated reporter observing, obtaining knowledge of, or
suspecting abuse. The specific incidents requiring reporting
are:
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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)Required a local law enforcement agency to coordinate efforts
with the designated investigators of DHS or DDS to provide a
response to investigate reports received.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)One-time costs of $125,000 and ongoing minor costs of less
than $25,000 (Special Fund*) for POST to develop and maintain
the training course. The provisions of this bill authorize
video-based instruction, which POST has indicated it intends
to utilize.
2)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.
3)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.
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4)One-time minor costs (General Fund) for the DSH and DDS to
develop instructions to implement the revised reporting
requirements.
5)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.
6)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.
7)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.
8)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
COMMENTS : Please see the policy committee analysis for a full
discussion of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
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0002406