BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 602
                                                                  Page  1

          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 


          FN:  
          0002406